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GOVERNMENT OF
VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 341/2025/ND-CP
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Hanoi, December 26, 2025
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DECREE
On
penalties for administrative violations of copyright and copyight-related rights
Pursuant to Law on
Government Organization No. 63/2025/QH15;
Pursuant to the Law on
Handling of Administrative Violations No. 15/2012/QH13 amended by Law No.
54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15,
Law No. 11/2022/QH15, Law No. 56/2024/QH15 and Law No. 88/2025/QH15;
Pursuant to Law on
Intellectual Property No. 50/2005/QH11 amended by Law No. 36/2009/QH12, Law No.
42/2019/QH14, Law No. 07/2022/QH15 and Law No. 93/2025/QH15;
Upon the request of the
Minister of Culture, Sports and Tourism,
The Government hereby
promulgates a Decree on penalties for administrative violations of copyright
and copyright-related rights.
Chapter
I
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Article
1. Regulated scope and entities
1. Regulated scope:
a) This Decree provides
for administrative violations; penalties, fines, remedial measures; power to
issue offence notices, power to impose penalties; imposition of penalties and
implementation of remedial measures in terms of copyright and copyright-related
rights (hereinafter referred to as "related rights”);
b) Other administrative
violations relating to copyright and related rights not provided for in this
Decree shall be subject to the provisions of other relevant Government’s Decree
on penalties for administrative violations in the state management sector.
2. This Decree applies to
agencies, organizations and individuals committing administrative violations
against regulations on copyrights and related rights; persons having authority
to issue offence notices; persons having authority to impose penalties for
administrative violations of copyright and related rights and relevant
agencies, organizations and individuals.
Article
2. Entities having right to request competent regulatory authorities to impose
penalties for administrative violations of copyright and related rights and
entities incurring administrative penalties for violations of copyright and
related rights
1. Holders of copyright or
related rights (right holders); organizations or individuals suffering damage
caused by acts of infringement of copyright or related rights; organizations or
individuals detecting acts of infringement of copyright or related rights that
cause harm to consumers or to society; or organizations or individuals inheriting
copyright or performers’ rights, shall have the right to request competent
regulatory authorities to impose penalties for administrative violations of
copyright and related rights in accordance with point c, clause 1 and clause 2,
Article 198 of Law No. 50/2005/QH11 amended by Law No. 36/2009/QH12, Law No.
42/2019/QH14, Law No. 07/2022/QH15 and Law No. 93/2025/QH15, with respect to
the violations specified in Section 1, Chapter III of this Decree. The exercise
of the aforementioned right to request shall comply with the provisions set out
in Section 4, Chapter VI of Decree No. 17/2023/ND-CP dated April 26, 2023 of
the Government elaborating on certain articles and measures for implementation
of the Law on Intellectual Property concerning copyright and related rights.
2. Entities on whom
penalties for violations of copyright and copyright-related rights are imposed
include:
a) Vietnamese
organizations and individuals committing administrative violations of copyright
and related rights specified in this Law; foreign organizations and individuals
committing administrative violations of copyright and related rights specified
in this Decree within the territory of Vietnam;
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3. Organizations incurring
penalties as prescribed in clause 2 of this Article include:
a) State regulatory
authorities committing any violation that does not fall within the assigned
state management duties;
b) Vietnamese enterprises
and their subordinate units (e.g. branches, representative offices, business
locations); foreign enterprises operating within Vietnam; branches,
representative offices, business locations of foreign enterprises operating
within Vietnam;
Entities incurring
administrative penalties that are branches, representative offices or business
locations shall comply with the provisions of the Government’s Decree
elaborating articles and measures for implementation of the Law on Handling of
Administrative Violations;
c) Cooperatives or
cooperative unions;
d) Collective rights
management organizations (CMOs);
dd) Organizations
providing consultancy and services on copyright and related rights;
e) Organizations carrying
out assessment of copyright and related rights (hereinafter referred to as
“assessment organizations);
g) International and
foreign organizations in Vietnam;
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i) Other organizations
established as per the law.
Article
3. Penalties
1. Organizations and
individuals committing administrative violations of copyright and related
rights shall incur the primary penalty of a fine.
2. Organizations and
individuals committing administrative violations of copyright and related
rights shall incur the following additional penalties:
a) Confiscation of
exhibits of administrative violations and means primarily used for the
production or trading of such infringing exhibits;
b) Suspension of the right
to use the Copyright and Related rights Assessor Card or the Certificate of
Assessment Organization for a period lasting between 01 and 03 months from the
effective date of the decision to impose penalties.
Article
4. Remedial measures
In addition to the
remedial measures prescribed at points a, d, e, g, and i, clause 1, Article 28
of Law No. 15/2012/QH13 amended and supplemented by Law No. 54/2014/QH13, Law
No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No.
11/2022/QH15, Law No. 56/2024/QH15, and Law No. 88/2025/QH15, an individual or
organization committing an administrative violation of copyright or related
rights shall be subject to the following remedial measures:
1. Compulsory correction
to accurately state the real name or pseudonym of the author or the name of the
performer on copies of works, phonograms (audio recordings), videograms (video
recordings), or broadcasts (broadcast programs) containing incorrect
information.
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3. Compulsory public
apology to the affected organizations or individuals.
4. Compulsory return of
the written approval, Certificate of Copyright Registration, Certificate of
Related rights Registration, Assessor Card, or Certificate of Assessment Organization
to the competent issuing authority and removal of copies of such documents from
telecommunications networks and the Internet.
5. Compulsory distribution
or use for non-commercial purposes in accordance with Article 83 of Decree No.
17/2023/ND-CP.
6. Compulsory destruction
of infringing originals, infringing copies, and exhibits of violations.
7. Compulsory removal or
deletion of infringing originals or infringing copies from telecommunications
networks, the Internet, wired or wireless means, electronic information
networks, or any technical means; removal or deletion of copies made available
to the public in inter-library systems.
8. Compulsory removal or
dismantling of advertisements or recall of newspapers, magazines, and other
products containing advertisements.
9. Compulsory posting of
notices indicating that the reproduction must be in compliance with laws on
copyright applicable to copying devices located within library premises.
10. Compulsory
implementation of measures to control the number of users accessing
inter-library systems.
11. Compulsory
notification of lists of accessible-format copies; notification of leading
agencies in charge of copyright and related rights matters to competent
authorities; submission of written notifications to competent authorities
regarding changes in information of organizations providing consultancy and
services on copyright and related rights.
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13. Compulsory compliance
with information and reporting obligations to competent regulatory authorities
as prescribed.
14. Compulsory recall of
accessible-format copies, as well as exhibits and means of violations that have
been dispersed.
15. Compulsory provision
of lists and durations of works, phonograms or videograms used under exceptions
and limitations; provision of user information to competent authorities for
verification and handling of violations.
16. Compulsory removal of
measures that prevent or obstruct the dissemination and use of the National
Flag, National Emblem and National Anthem of the Socialist Republic of Vietnam.
17. Compulsory issuance of
warnings to users of intermediary service providers regarding their legal
responsibilities in respect of copyright and related rights.
18. Compulsory publication
of internal procedures for handling requests to remove or block access to infringing
digital content, or objections to such actions, on intermediary service systems.
19. Compulsory
establishment of tools to receive requests for removal or blocking access to
infringing digital content.
20. Compulsory reporting
of results of removal or blocking measures to the requesting authority and the
specialized agency responsible for state management of copyright and related
rights under the Ministry of Culture, Sports and Tourism.
21. Compulsory temporary
removal or blocking, and full removal or blocking of access to infringing
digital content in accordance with regulations.
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23. Compulsory public
disclosure of searchable information or full information on works, the subject
matter of related rights, authors, copyright owners and related rights owners
authorized on the websites of CMOs.
24. Compulsory provision
of relevant information to authors and copyright owners or related rights
owners authorized.
25. Compulsory establishment
of monitoring mechanisms to ensure that royalty revenues are kept in separate
accounts; establishment of organizational structures of CMOs in accordance with
regulations.
26. Compulsory refund of
improperly retained or misused amounts of money by CMOs to right holders;
refund of improperly collected royalties to copyright owners and related rights
owners.
27. Compulsory transfer of
collected royalties, accrued bank interest, and related documents to competent
regulatory authorities for management.
28. Compulsory development
of schedules of royalty rates and method of royalty payment of CMOs in
accordance with regulations.
29. Compulsory
disgorgement, to copyright holders or related rights holders, of any ill-gotten
gains from the commission of violations, where such gains arise.
Article
5. Fines, power to impose fines on individuals and organizations and
determination of ill-gotten gains, damage to right owners and value of
infringing goods
1. The maximum fine for a
violation of copyright or related rights shall be VND 250.000.000 when the
violation is committed by an individual or shall be VND 500.000.000 when the
violation is committed by an organization.
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2. The fines prescribed in
Chapter II of this Decree are imposed on individuals, except for those specified
in clause 2, Article 13; clause 2, Article 16; clause 2, Article 20; clause 2,
Article 22; clause 2, Article 26; clause 2, Article 27; clause 2, Article 32;
clause 2, Article 35; clauses 2, 3, and 4, Article 37; clauses 1, 2, 3, 4, 5,
and 7, Article 41; Articles 45 and 46; point d, clause 5, Article 47 and
Article 48 of this Decree, which are imposed on organizations.
3. The authority to impose
fines of the titles specified in Chapter III of this Decree applies to
individuals. The authority to impose fines on organizations shall be
twice that applicable to individuals.
4. Where it is necessary
to determine ill-gotten gains from committing administrative violations as a
basis for determining the fine bracket and the authority to impose penalties, such
determination shall comply with points b, c, d, dd, and e, clause 4, Article 60
of this Decree.
5. Where it is necessary
to determine damage caused to copyright owners or related rights owners by
administrative violations as a basis for determining the fine bracket and the
authority to impose penalties, such determination shall comply with Articles
204 and 205 of Law No. 50/2005/QH11 amended by relevant laws and Section 3,
Chapter VI of Decree No. 17/2023/ND-CP.
6. Where it is necessary
to determine the value of infringing goods as a basis for determining the fine
bracket and the authority to impose penalties, such value shall be determined
based on one of the following grounds in order of priority:
a) Listed price or price
stated in contracts, sale invoices or import declarations of the infringing
goods;
b) Price announced by the
local finance authority; where no such price is available, the market price in
the administrative division at the time the violation occurs;
c) Production cost of the
infringing goods (exhibits/means) if they have not yet been put on sale;
d) Actual selling price of
the infringing goods;
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7. Where none of the
grounds specified in clause 6 of this Article can be applied, in order to
determine the value of infringing goods as a basis for determining the fine
bracket and the authority to impose penalties, the person having the authority
to handle the case may issue a decision to temporarily seize the infringing
goods and establish a valuation council in accordance with clause 3 Article 60
of Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14,
Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No.
56/2024/QH15 and Law No. 88/2025/QH15.
8. Where more than one
applicable ground results as prescribed in clauses 4, 5 and 6 in different fine
brackets for the same violation, the ground resulting in the lower fine bracket
shall be used to determine the applicable fine bracket and the authority to
impose penalties.
Article
6. Completed administrative violations, ongoing administrative violations and
handling of repeated administrative violations
1. Completed
administrative violations and ongoing administrative violations of copyright
and related rights shall be determined in accordance with the principles set
out in the Government’s Decree elaborating on certain articles and measures for
implementation of the Law on Handling of Administrative Violations.
2. For individuals and
organizations committing repeated administrative violations, except for the
cases specified in clause 3 of this Article, a separate penalty shall be
sanctioned for each administrative violation, and repeated violations shall not
be treated as an aggravating circumstance when issuing a decision to impose
administrative penalties.
3. For individuals and
organizations committing repeated administrative violations, except for the
cases specified in clause 3 of this Article, a separate penalty shall be
sanctioned for each administrative violation, and repeated violations shall not
be treated as an aggravating circumstance when issuing a decision to impose
administrative penalties.
Chapter
II
ADMINISTRATIVE
VIOLATIONS, PENALTIES AND REMEDIAL MEASURES
Section
1. Acts of infringement of copyright and
related rights
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1. A fine ranging from VND 1.000.000 to VND 5.000.000 shall be
imposed for any of the following acts:
a) Using a work without
indicating the author’s real name or pseudonym on copies of the work,
phonograms, videograms or broadcasts as prescribed;
b) Using a work without
incorrect indication of the author’s real name or pseudonym on copies of the
work, phonograms, videograms or broadcasts as prescribed, except for the case
specified in point b, clause 2 of this Article.
2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be
imposed for any of the following acts:
a) Infringing the right to
title a work in accordance with law;
b) Using a work while
intentionally misrepresenting the author’s name and the origin or source of the
work on copies of the work, phonograms, videograms or broadcasts.
3. A fine ranging from VND 20.000.000 to VND 30.000.000 shall
be imposed for impersonating an author or falsifying the author’s name or
signature on a work.
4. Remedial measures:
a) Compulsory correction of
the author’s real name or pseudonym on infringing copies, phonograms,
videograms or broadcasts that containing incorrect information on the author’s
name, for the acts specified in clauses 1, point b of clause 2, and clause 3 of
this Article;
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c) Compulsory
rectification of false information, for the acts prescribed in clauses 1, 2 and
3 of this Article;
d) Compulsory removal of
infringing elements from copies of the work, phonograms, videograms, broadcasts
or destruction, removal or deletion of infringing originals or infringing
copies from telecommunications networks and the Internet, for the acts
prescribed in clause 1, point b clause 2 and clause 4 of this Article.
Article
8. Infringement of the right to protect the integrity of a work
1. A fine ranging from VND 20.000.000 to VND 30.000.000 shall
be imposed for modifying or mutilating a work without permission prejudicial to
the author’s honor or reputation.
2. A fine ranging from VND 30.000.000 to VND 40.000.000 shall
be imposed for distortion of a work.
3. Remedial measures:
a) Compulsory apology, for
the acts specified in clauses 1 and 2 of this Article;
b) Compulsory
rectification of false information, for the acts prescribed in clauses 1 and 2
of this Article;
c) Compulsory removal of
infringing elements from copies of the work, phonograms, videograms, broadcasts
or destruction, removal or deletion of infringing originals or infringing
copies from telecommunications networks and the Internet, for the acts
prescribed in clause 1 and clause 2 of this Article.
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1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall
be imposed for publishing a work without permission of the copyright owner.
2. Remedial measures:
a) Compulsory apology, for
the acts specified in clauses 1 of this Article;
b) Compulsory
rectification of false information, for the acts prescribed in clauses 1 of
this Article;
c) Compulsory disgorgement
to the copyright holders of any ill-gotten gains from committing the violations
specified in clause 1 of this Article (if any).
Article
10. Infringement of the right to create a derivative work
1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall
be imposed for creating a derivative work without permission of the copyright
owner.
2. A fine ranging from VND 20.000.000 to VND 30.000000 shall be
imposed for creating a derivative work that prejudice the moral rights provided
in clause 4 Article 19 of Law No. 50/2005/QH11 amended and supplemented by Law
No. 36/2009/QH12, Law No. 42/2019/QH14, Law No. 07/2022/QH15 and Law No.
93/2025/QH15, without the author’s written consent.
3. Remedial measures:
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b) Compulsory disgorgement
to the copyright holders of any ill-gotten gains from committing the violations
specified in clause 1 and clause 2 of this Article (if any).
Article
11. Infringement of the performing right (the right to perform the work in
public)
1. A fine ranging from VND 20.000.000 to VND 30.000.000 shall
be imposed for indirect performance of a work, through phonograms, videograms
or any technical means, at a place accessible to the public where the public
cannot freely choose the time and individual parts (contents) of the work,
without the permission of the copyright owner.
2. A fine ranging from VND 30.000.000 to VND 50.000.000 shall
be imposed for direct public performance of a work without permission of the
copyright owner.
3. Remedial measures:
a) Compulsory disgorgement
to the copyright holders of any ill-gotten gains from committing the violations
specified in clause 1 and clause 2 of this Article (if any).
b) Compulsory removal or
deletion of infringing copies from telecommunications networks and the
Internet, for the acts prescribed in clause 1 of this Article.
Article
12. Infringement of the right to authorize the rental of originals and copies
of cinematographic works and computer programs
1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall
be imposed for renting out a cinematographic work or computer program
without permission of the copyright owner.
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Compulsory disgorgement to
the copyright holders of any ill-gotten gains from committing the violations
specified in clause 1 of this Article (if any).
Article
13. Infringement of the right to distribute the original or reproductions of a
work to the public
1. Fines imposed on an individual committing the act of
distributing to the public, by sale or other transfer of ownership, originals
or copies (reproductions) of a work in tangible form without the permission of
the copyright owner as prescribed, except for the case specified in clause 3 of
this Article shall be as follows:
a) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed where the ill-gotten gains are
under VND 10.000.000, or where the damage caused to the copyright owner is
under VND 20.000.000, or where the value of the infringing goods is under VND
20.000.000;
b) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains range
from VND 10.000.000 to under VND 20.000.000, or where the damage caused to the
copyright owner ranges from VND 20.000.000 to under VND 40.000.000, or where
the value of the infringing goods ranges from VND 20.000.000 to under VND
40.000.000;
c) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed where the ill-gotten gains range
from VND 20.000.000 to under VND 30.000.000, or where the damage caused to the
copyright owner ranges from VND 40.000.000 to under VND 60.000.000, or where
the value of the infringing goods ranges from VND 40.000.000 to under VND
60.000.000;
d) A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed where the ill-gotten gains range
from VND 30.000.000 to under VND 50.000.000, or where the damage caused to the
copyright owner ranges from VND 60.000.000 to under VND 100.000.000, or where
the value of the infringing goods ranges from VND 60.000.000 to under VND
100.000.000;
2. Fines imposed on an organization committing the act of
distributing to the public, by sale or other transfer of ownership, originals
or reproductions of a work in tangible form without the permission of the
copyright owner as prescribed, except for the case specified in clause 3 of
this Article shall be as follows:
a) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains are
under VND 20.000.000, or where the damage caused to the copyright owner is
under VND 40.000.000, or where the value of the infringing goods is under VND
40.000.000;
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c) A fine ranging from VND
40.000.000 to VND 60.000.000 shall be imposed where the ill-gotten gains range
from VND 40.000.000 to under VND 60.000.000, or where the damage caused to the
copyright owner ranges from VND 80.000.000 to under VND 120.000.000, or where
the value of the infringing goods ranges from VND 80.000.000 to under VND
120.000.000;
d) A fine ranging from VND
60.000.000 to VND 100.000.000 shall be imposed where the ill-gotten gains range
from VND 60.000.000 to under VND 100.000.000, or where the damage caused to the
copyright owner ranges from VND 120.000.000 to under VND 200.000.000, or where
the value of the infringing goods ranges from VND 120.000.000 to under VND
200.000.000;
3. A fine ranging from VND 30.000.000 to VND 40.000.000 shall
be imposed for the distribution to the public, by sale or other transfer of
ownership, of originals or reproductions of works of fine art without the
permission of the copyright owner, where the ill-gotten gains, the damage
caused to the copyright owner, or the value of the infringing goods cannot be
determined.
4. Remedial measures:
a) Compulsory destruction
of infringing originals, infringing reproductions in respect of the acts
specified in clauses 1, 2 and 3 of this Article. Where the conditions
specified in Article 83 of Decree No. 17/2023/ND-CP are satisfied, the remedial
measure of compulsory distribution or non-commercial use shall be applied;
b) Compulsory
disgorgement, to the copyright holders, of any ill-gotten gains from committing
the violations specified in clauses 1, 2 and 3 of this Article (if any).
Article
14. Infringement of the right of import for distribution to the public of
originals or reproductions of works
1. A fine ranging from VND 200.000.000 to VND 250.000.000 shall
be imposed for the import for distribution to the public of originals or
reproductions of works without permission of the copyright owner.
2. Remedial measures:
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b) Compulsory payment of
an amount equal to the value of the exhibits of the administrative violation
that have been unlawfully consumed, dissipated or destroyed, in respect of the
act specified in clause 1 of this Article;.
c) Compulsory disgorgement
to the copyright holders of ill-gotten gains from committing the violation
specified in clause 1 of this Article (if any).
Article
15. Infringement of the right of broadcasting or communication to the public of
works
1. A fine ranging from VND 30.000.000 to VND 50.000.000 shall
be imposed for the broadcasting or communication to the public of works by
wire, wireless means, electronic information networks, or any other technical
means, including making available to the public of works in such a way that
members of the public may access them from a place and at a time individually
chosen by them, without the permission of the copyright owner as required by
law.
2. Remedial measures:
a) Compulsory removal or
deletion of infringing originals or reproductions on wire, wireless means,
electronic information networks, or any other technical means, in respect of
the act specified in clause 1 of this Article;
b) Compulsory disgorgement
to the copyright holders of ill-gotten gains from committing the violations
specified in clause 1 of this Article (if any).
Article
16. Infringement of the right of reproduction of works
1. Fines imposed on an individual committing the act of
reproduction of a work without the permission of the copyright owner as
required by law shall be as follows, except as provided in clause 3 of this Article:
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b) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains range
from VND 10.000.000 to under VND 20.000.000, or where the damage caused to the
copyright owner ranges from VND 20.000.000 to under VND 40.000.000, or where
the value of the infringing goods ranges from VND 20.000.000 to under VND
40.000.000;
c) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed where the ill-gotten gains range
from VND 20.000.000 to under VND 30.000.000, or where the damage caused to the
copyright owner ranges from VND 40.000.000 to under VND 60.000.000, or where
the value of the infringing goods ranges from VND 40.000.000 to under VND
60.000.000;
d) A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed where the ill-gotten gains range
from VND 30.000.000 to under VND 50.000.000, or where the damage caused to the
copyright owner ranges from VND 60.000.000 to under VND 100.000.000, or where
the value of the infringing goods ranges from VND 60.000.000 to under VND
100.000.000;
2. Fines imposed on an organization committing the act of
reproduction of a work without the permission of the copyright owner as
required by law shall be as follows, except as provided in clause 3 of this
Article:
a) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains are
under VND 20.000.000, or where the damage caused to the copyright owner is
under VND 40.000.000, or where the value of the infringing goods is under VND
40.000.000;
b) A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed where the ill-gotten gains range
from VND 20.000.000 to under VND 40.000.000, or where the damage caused to the
copyright owner ranges from VND 40.000.000 to under VND 80.000.000, or where
the value of the infringing goods ranges from VND 40.000.000 to under VND
80.000.000;
c) A fine ranging from VND
40.000.000 to VND 60.000.000 shall be imposed where the ill-gotten gains range
from VND 40.000.000 to under VND 60.000.000, or where the damage caused to the
copyright owner ranges from VND 80.000.000 to under VND 120.000.000, or where
the value of the infringing goods ranges from VND 80.000.000 to under VND
120.000.000;
d) A fine ranging from VND
60.000.000 to VND 100.000.000 shall be imposed where the ill-gotten gains range
from VND 60.000.000 to under VND 100.000.000, or where the damage caused to the
copyright owner ranges from VND 120.000.000 to under VND 200.000.000, or where
the value of the infringing goods ranges from VND 120.000.000 to under VND
200.000.000;
3. A fine ranging from VND 30.000.000 to VND 40.000.000 shall
be imposed for the reproduction of works of fine art without the permission of
the copyright owner, where the ill-gotten gains, the damage caused to the
copyright owner, or the value of the infringing goods cannot be determined.
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a) Compulsory destruction,
removal or deletion of infringing originals or infringing copies from
telecommunications networks and the Internet, for the acts prescribed in
clauses 1, 2 and 3 of this Article. Where the conditions specified in Article
83 of Decree No. 17/2023/ND-CP are satisfied, the remedial measure of
compulsory distribution or non-commercial use shall be applied;
b) Compulsory disgorgement
of any ill-gotten gains from committing the violations specified in clauses 1,
2 and 3 of this Article to the copyright holders (if any).
Article
17. Infringement of the right to be identified as a performer (right of
attribution)
1. A fine ranging from VND 1.000.000 to VND 5.000.000 shall be
imposed for the failure to identify, or the incorrect identification of, a
performer by name in performances, in the publication of phonograms or
videograms or in the broadcasting of performances, as required by law, except
as provided in clause 2 of this Article.
2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be
imposed for the intentional misidentification of a performer by name in
performances, in the publication of phonograms or videograms or in the broadcasting
of performances, as required by law.
3. A fine ranging from VND 20.000.000 to VND 30.000.000 shall
be imposed for impersonating a performer for the purpose of performing a work.
4. Remedial measures:
a) Compulsory correct
identification of the performer by name on reproductions of works, phonograms,
videograms or broadcasts containing incorrect information as to the performer’s
name, for the acts specified in clauses 1, 2 and 3 of this Article;
b) Compulsory apology for
the acts specified in clauses 1, 2 and 3 of this Article;
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d) Compulsory removal of
infringing elements from reproductions of works, phonograms, videograms,
broadcasts or destruction, removal or deletion of infringing originals,
infringing reproductions from telecommunications networks and the Internet, for
the acts prescribed in clauses 1, 2 and clause 3 of this Article.
Article
18. Infringement of the right to integrity of a performance
1. A fine ranging from VND 20.000.000 to VND 30.000.000 shall
be imposed for modifying or mutilating a performance without permission that is
prejudicial to the performer’s honor or reputation.
2. A fine ranging from VND 30.000.000 to VND 40.000.000 shall
be imposed for distortion of a performance.
3. Remedial measures:
a) Compulsory apology, for
the acts specified in clauses 1 and 2 of this Article;
b) Compulsory
rectification of false information, for the acts prescribed in clauses 1 and 2 of
this Article;
c) Compulsory removal of
infringing elements from infringing originals or reproductions or removal or
deletion of infringing originals or infringing copies from telecommunications
networks and the Internet, for the acts prescribed in clause 1 and clause 2 of
this Article.
Article
19. Infringement of the right to fix a live performance
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2. Remedial measures:
a) Compulsory destruction,
removal or deletion of infringing originals or infringing copies from
telecommunications networks and the Internet, for the acts prescribed in clause
1 of this Article.
b) Compulsory
disgorgement, to the owner of rights in the performance, of ill-gotten gains
from the commission of the acts specified in clause 1 of this Article (if any).
Article
20. Infringement of the right of reproduction of a performance
1. Fines imposed on an individual committing the act of
reproducing a performance fixed in phonograms or videograms without the
permission of the owner of rights in the performance shall be as follows:
a) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed where the ill-gotten gains are
under VND 10.000.000, or where the damage caused to the owner of rights in the
performance is under VND 20.000.000, or where the value of the infringing goods
is under VND 20.000.000;
b) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains range
from VND 10.000.000 to under VND 20.000.000, or where the damage caused to the
owner of rights in the performance ranges from VND 20.000.000 to under VND
40.000.000, or where the value of the infringing goods ranges from VND
20.000.000 to under VND 40.000.000;
c) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed where the ill-gotten gains range
from VND 20.000.000 to under VND 30.000.000, or where the damage caused to the
owner of rights in the performance ranges from VND 40.000.000 to under VND
60.000.000, or where the value of the infringing goods ranges from VND
40.000.000 to under VND 60.000.000;
d) A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed where the ill-gotten gains range
from VND 30.000.000 to under VND 50.000.000, or where the damage caused to the
owner of rights in the performance ranges from VND 60.000.000 to under VND
100.000.000, or where the value of the infringing goods ranges from VND
60.000.000 to under VND 100.000.000;
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a) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains are
under VND 20.000.000, or where the damage caused to the owner of rights in the
performance is under VND 40.000.000, or where the value of the infringing goods
is under VND 40.000.000;
b) A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed where the ill-gotten gains range
from VND 20.000.000 to under VND 40.000.000, or where the damage caused to the
owner of rights in the performance ranges from VND 40.000.000 to under VND
80.000.000, or where the value of the infringing goods ranges from VND
40.000.000 to under VND 80.000.000;
c) A fine ranging from VND
40.000.000 to VND 60.000.000 shall be imposed where the ill-gotten gains range
from VND 40.000.000 to under VND 60.000.000, or where the damage caused to the
owner of rights in the performance ranges from VND 80.000.000 to under VND
120.000.000, or where the value of the infringing goods ranges from VND
80.000.000 to under VND 120.000.000;
d) A fine ranging from VND
60.000.000 to VND 100.000.000 shall be imposed where the ill-gotten gains range
from VND 60.000.000 to under VND 100.000.000, or where the damage caused to the
owner of rights in the performance ranges from VND 120.000.000 to under VND
200.000.000, or where the value of the infringing goods ranges from VND
120.000.000 to under VND 200.000.000;
3. Remedial measures:
a) Compulsory destruction,
removal or deletion of infringing originals or infringing copies from
telecommunications networks and the Internet, for the acts prescribed in
clauses 1 and 2 of this Article. Where the conditions specified in Article 83
of Decree No. 17/2023/ND-CP are satisfied, the remedial measure of compulsory
distribution or non-commercial use shall be applied;
b) Compulsory
disgorgement, to the owner of rights in the performance, of ill-gotten gains
from the commission of the acts specified in clauses 1 and 2 of this Article
(if any).
Article
21. Infringement of the right of broadcasting or communication to the public of
a performance
1. A fine ranging from VND 20.000.000 to VND 40.000.000 shall
be imposed for the broadcasting or communication to the public of an unfixed
performance in such a way that members of the public may access it, without the
permission of the owner of rights in the performance, except in cases where
such performance is intended for broadcasting.
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a) Compulsory removal or
deletion of infringing originals or reproductions on wire, wireless means,
electronic information networks, or any other technical means, in respect of
the act specified in clause 1 of this Article;
b) Compulsory
disgorgement, to the owner of rights in the performance, of ill-gotten gains
from the commission of the acts specified in clause 1 of this Article (if any).
Article
22. Infringement of the right to distribute the original or reproductions of a
fixation of a performance to the public
1. Fines imposed on an individual committing the act of
distributing to the public, by sale or other transfer of ownership, the
original or reproductions of a fixation of a performance in tangible form
without the permission of the owner of rights in the performance shall be as
follows:
a) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed where the ill-gotten gains are
under VND 10.000.000, or where the damage caused to the owner of rights in the
performance is under VND 20.000.000, or where the value of the infringing goods
is under VND 20.000.000;
b) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains range
from VND 10.000.000 to under VND 20.000.000, or where the damage caused to the
owner of rights in the performance ranges from VND 20.000.000 to under VND
40.000.000, or where the value of the infringing goods ranges from VND
20.000.000 to under VND 40.000.000;
c) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed where the ill-gotten gains range
from VND 20.000.000 to under VND 30.000.000, or where the damage caused to the
owner of rights in the performance ranges from VND 40.000.000 to under VND
60.000.000, or where the value of the infringing goods ranges from VND
40.000.000 to under VND 60.000.000;
d) A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed where the ill-gotten gains range
from VND 30.000.000 to under VND 50.000.000, or where the damage caused to the
owner of rights in the performance ranges from VND 60.000.000 to under VND
100.000.000, or where the value of the infringing goods ranges from VND
60.000.000 to under VND 100.000.000;
2. Fines shall be imposed on an organization committing the act
of distributing to the public, by sale or other transfer of ownership, the
original or reproductions of a fixation of a performance in tangible form
without the permission of the owner of rights in the performance shall be as
follows:
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b) A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed where the ill-gotten gains range
from VND 20.000.000 to under VND 40.000.000, or where the damage caused to the
owner of rights in the performance ranges from VND 40.000.000 to under VND
80.000.000, or where the value of the infringing goods ranges from VND
40.000.000 to under VND 80.000.000;
c) A fine ranging from VND
40.000.000 to VND 60.000.000 shall be imposed where the ill-gotten gains range
from VND 40.000.000 to under VND 60.000.000, or where the damage caused to the
owner of rights in the performance ranges from VND 80.000.000 to under VND
120.000.000, or where the value of the infringing goods ranges from VND
80.000.000 to under VND 120.000.000;
d) A fine ranging from VND
60.000.000 to VND 100.000.000 shall be imposed where the ill-gotten gains range
from VND 60.000.000 to under VND 100.000.000, or where the damage caused to the
owner of rights in the performance ranges from VND 120.000.000 to under VND
200.000.000, or where the value of the infringing goods ranges from VND
120.000.000 to under VND 200.000.000;
3. Remedial measures:
a) Compulsory destruction
of the infringing original or infringing reproductions, for the acts specified
in clauses 1 and 2 of this Article. Where the conditions specified in
Article 83 of Decree No. 17/2023/ND-CP are satisfied, the remedial measure of
compulsory distribution or non-commercial use shall be applied;
b) Compulsory
disgorgement, to the owner of rights in the performance, of ill-gotten gains
from the commission of the acts specified in clauses 1 and 2 of this Article
(if any).
Article
23. Infringement of the right of import for distribution of the original or
reproductions of a fixation of a performance to the public
1. A fine ranging from VND 200.000.000 to VND 250.000.000 shall
be imposed for the import for distribution to the public of the original or
reproductions of the fixation of the performance in tangible form without
permission of the owner of rights in the performance.
2. Remedial measures:
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b) Compulsory payment of
an amount equal to the value of the exhibits of the administrative violation
that have been unlawfully consumed, dissipated or destroyed, for the acts
specified in clause 1 of this Article;
c) Compulsory disgorgement
to the copyright holders of ill-gotten gains from committing the violation
specified in clause 1 of this Article (if any).
Article
24. Infringement of the right to authorize the commercial rental to the public
of originals or reproductions of performances that have been fixed in
phonograms or videograms
1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall
be imposed for the commercial rental to the public of the original or a
reproduction of a performance that has been fixed in a phonogram or videogram
without permission of the owner of rights in the performance.
2. Remedial measures:
Compulsory disgorgement,
to the owner of rights in the performance, of ill-gotten gains from the
commission of the acts specified in clause 1 of this Article (if any).
Article
25. Infringement of the right of broadcasting or communication to the public of
fixations of performances
1. A fine ranging from VND 30.000.000 to VND 50.000.000 shall
be imposed for the act of broadcasting or communicating to the public fixations
of a performance, including the making available to the public of fixations in
such a way that members of the public may access these fixations from a place
and at a time individually chosen by them without permission of the owner of
rights in the performance.
2. Remedial measures:
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b) Compulsory
disgorgement, to the owner of rights in the performance, of ill-gotten gains
from the commission of the acts specified in clause 1 of this Article (if any).
Article
26. Infringement of the right of reproduction of phonograms and videograms
1. Fines imposed on an individual committing the act of reproducing,
in whole or in part, a phonogram or videogram by any means or in any form
without permission from the owner of rights in such phonogram or videogram
shall be as follows:
a) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed where the ill-gotten gains are
under VND 10.000.000, or where the damage caused to the owner of rights in the
phonogram or videogram is under VND 20.000.000, or where the value of the
infringing goods is under VND 20.000.000;
b) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains range
from VND 10.000.000 to under VND 20.000.000, or where the damage caused to the
owner of rights in the phonogram or videogram ranges from VND 20.000.000 to
under VND 40.000.000, or where the value of the infringing goods ranges from
VND 20.000.000 to under VND 40.000.000;
c) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed where the ill-gotten gains range
from VND 20.000.000 to under VND 30.000.000, or where the damage caused to the
owner of rights in the phonogram or videogram ranges from VND 40.000.000 to
under VND 60.000.000, or where the value of the infringing goods ranges from
VND 40.000.000 to under VND 60.000.000;
d) A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed where the ill-gotten gains range
from VND 30.000.000 to under VND 50.000.000, or where the damage caused to the
owner of rights in the phonogram or videogram ranges from VND 60.000.000 to
under VND 100.000.000, or where the value of the infringing goods ranges from
VND 60.000.000 to under VND 100.000.000;
2. Fines imposed on an organization committing the act of
reproducing, in whole or in part, a phonogram or videogram by any means or in
any form without permission from the owner of rights in such phonogram or
videogram shall be as follows:
a) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains are
under VND 20.000.000, or where the damage caused to the owner of rights in the
phonogram or videogram is under VND 40.000.000, or where the value of the
infringing goods is under VND 40.000.000;
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c) A fine ranging from VND
40.000.000 to VND 60.000.000 shall be imposed where the ill-gotten gains range
from VND 40.000.000 to under VND 60.000.000, or where the damage caused to the
owner of rights in the phonogram or videogram ranges from VND 80.000.000 to
under VND 120.000.000, or where the value of the infringing goods ranges from
VND 80.000.000 to under VND 120.000.000;
d) A fine ranging from VND
60.000.000 to VND 100.000.000 shall be imposed where the ill-gotten gains range
from VND 60.000.000 to under VND 100.000.000, or where the damage caused to the
owner of rights in the phonogram or videogram ranges from VND 120.000.000 to
under VND 200.000.000, or where the value of the infringing goods ranges from
VND 120.000.000 to under VND 200.000.000;
3. A fine ranging from VND 10.000.000 to VND 20.000.000 shall
be imposed for the act of editing or compiling a phonogram or videogram without
the permission of the owner of rights in such phonogram or videogram.
4. Remedial measures:
a) Compulsory destruction,
removal or deletion of infringing originals or infringing copies from
telecommunications networks and the Internet, for the acts prescribed in
clauses 1, 2 and 3 of this Article. Where the conditions specified in Article
83 of Decree No. 17/2023/ND-CP are satisfied, the remedial measure of
compulsory distribution or non-commercial use shall be applied;
b) Compulsory
disgorgement, to the owners of rights in phonograms or videograms, of
ill-gotten gains from the commission of the acts specified in clauses 1, 2 and
3 of this Article (if any).
Article
27. Infringement of the right to distribute originals or reproductions of
phonograms or videograms to the public
1. Fines imposed on an individual committing the act of
distributing to the public, by sale or other transfer of ownership, the
original or a reproduction of a phonogram or videogram in tangible form without
the permission of the owner of rights in such phonogram or videogram shall be
as follows:
a) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed where the ill-gotten gains are
under VND 10.000.000, or where the damage caused to the owner of rights in the
phonogram or videogram is under VND 20.000.000, or where the value of the
infringing goods is under VND 20.000.000;
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c) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed where the ill-gotten gains range
from VND 20.000.000 to under VND 30.000.000, or where the damage caused to the
owner of rights in the phonogram or videogram ranges from VND 40.000.000 to
under VND 60.000.000, or where the value of the infringing goods ranges from
VND 40.000.000 to under VND 60.000.000;
d) A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed where the ill-gotten gains range
from VND 30.000.000 to under VND 50.000.000, or where the damage caused to the
owner of rights in the phonogram or videogram ranges from VND 60.000.000 to under
VND 100.000.000, or where the value of the infringing goods ranges from VND
60.000.000 to under VND 100.000.000;
2. Fines imposed on an organization committing the act of
distributing to the public, by sale or other transfer of ownership, the
original or a reproduction of a phonogram or videogram in tangible form without
the permission of the owner of rights in such phonogram or videogram shall be
as follows:
a) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains are
under VND 20.000.000, or where the damage caused to the owner of rights in the
phonogram or videogram is under VND 40.000.000, or where the value of the
infringing goods is under VND 40.000.000;
b) A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed where the ill-gotten gains range
from VND 20.000.000 to under VND 40.000.000, or where the damage caused to the
owner of rights in the phonogram or videogram ranges from VND 40.000.000 to
under VND 80.000.000, or where the value of the infringing goods ranges from
VND 40.000.000 to under VND 80.000.000;
c) A fine ranging from VND
40.000.000 to VND 60.000.000 shall be imposed where the ill-gotten gains range
from VND 40.000.000 to under VND 60.000.000, or where the damage caused to the owner
of rights in the phonogram or videogram ranges from VND 80.000.000 to under VND
120.000.000, or where the value of the infringing goods ranges from VND
80.000.000 to under VND 120.000.000;
d) A fine ranging from VND
60.000.000 to VND 100.000.000 shall be imposed where the ill-gotten gains range
from VND 60.000.000 to under VND 100.000.000, or where the damage caused to the
owner of rights in the phonogram or videogram ranges from VND 120.000.000 to
under VND 200.000.000, or where the value of the infringing goods ranges from
VND 120.000.000 to under VND 200.000.000;
3. Remedial measures:
a) Compulsory destruction
of infringing originals or infringing reproductions, for the acts specified in
clauses 1 and 2 of this Article. Where the conditions specified in
Article 83 of Decree No. 17/2023/ND-CP are satisfied, the remedial measure of
compulsory distribution or non-commercial use shall be applied;
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Article
28. Infringement of the right of import for distribution of originals or
reproductions of phonograms or videograms to the public
1. A fine ranging from VND 200.000.000 to VND 250.000.000 shall
be imposed for the import for distribution to the public of the original or a
reproduction of a phonogram or videogram in tangible form without permission of
the owner of rights in such phonogram or videogram.
2. Remedial measures:
a) Compulsory destruction
of infringing originals or infringing reproductions, for the acts specified in
clause 1 of this Article. Where the conditions specified in Article 83 of
Decree No. 17/2023/ND-CP are satisfied, the remedial measure of compulsory distribution
or non-commercial use shall be applied;
b) Compulsory payment of
an amount equal to the value of the exhibits of the administrative violation
that have been unlawfully consumed, dissipated or destroyed, for the acts
specified in clause 1 of this Article;
c) Compulsory
disgorgement, to the copyright holders, of ill-gotten gains from committing the
violations specified in clause 1 of this Article (if any).
Article
29. Infringement of the right to authorize the commercial rental to the public
of originals or reproductions of phonograms or videograms
1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall
be imposed for the act of authorizing commercial rental to the public of the
original or a reproduction of a phonogram or videogram without permission of
the owner of rights in such phonogram or videogram.
2. Remedial measures:
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Article
30. Infringement of the right of broadcasting or communication to the public of
phonograms or videograms
1. A fine ranging from VND 30.000.000 to VND 50.000.000 shall
be imposed for the act of broadcasting or communicating to the public a
phonogram or videogram, including the making available to the public of it in
such a way that members of the public may access it from a place and at a time
individually chosen by them without permission of the owner of rights in the
phonogram or videogram.
2. Remedial measures:
a) Compulsory removal or
deletion of infringing originals or reproductions on wire, wireless means,
electronic information networks, or any other technical means, for the acts
specified in clause 1 of this Article;
b) Compulsory disgorgement,
to the owners of rights in phonograms or videograms, of ill-gotten gains from
the commission of the acts specified in clause 1 of this Article (if any).
Article
31. Infringement of the right of broadcasting or rebroadcasting of broadcasts
1. A fine ranging from VND 150.000.000 to VND 200.000.000 shall
be imposed for the act of broadcasting or rebroadcasting a broadcast without
permission of the owner of rights in the broadcast.
2. Remedial measures:
a) Compulsory removal or
deletion of infringing originals or reproductions from telecommunications
networks and the Internet, for the acts prescribed in clause 1 of this Article.
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Article
32. Infringement of the right of distribution to the public of fixations of
broadcasts
1. Fines imposed on an individual committing the act of
distributing to the public, by sale or other transfer of ownership, the
original or a reproduction of a fixation of a broadcast in tangible form
without the permission of the owner of rights in the broadcast shall be as
follows:
a) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed where the ill-gotten gains are
under VND 10.000.000, or where the damage caused to the owner of rights in the
broadcast is under VND 20.000.000, or where the value of the infringing goods
is under VND 20.000.000;
b) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains range
from VND 10.000.000 to under VND 20.000.000, or where the damage caused to the
owner of rights in the broadcast ranges from VND 20.000.000 to under VND
40.000.000, or where the value of the infringing goods ranges from VND
20.000.000 to under VND 40.000.000;
c) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed where the ill-gotten gains range
from VND 20.000.000 to under VND 30.000.000, or where the damage caused to the
owner of rights in the broadcast ranges from VND 40.000.000 to under VND
60.000.000, or where the value of the infringing goods ranges from VND
40.000.000 to under VND 60.000.000;
d) A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed where the ill-gotten gains range
from VND 30.000.000 to under VND 50.000.000, or where the damage caused to the
owner of rights in the broadcast ranges from VND 60.000.000 to under VND
100.000.000, or where the value of the infringing goods ranges from VND
60.000.000 to under VND 100.000.000;
2. Fines imposed on an organization committing the act of
distributing to the public, by sale or other transfer of ownership, the
original or a reproduction of a fixation of a broadcast in tangible form
without the permission of the owner of rights in the broadcast shall be as
follows:
a) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains are
under VND 20.000.000, or where the damage caused to the owner of rights in the
broadcast is under VND 40.000.000, or where the value of the infringing goods
is under VND 40.000.000;
b) A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed where the ill-gotten gains range
from VND 20.000.000 to under VND 40.000.000, or where the damage caused to the
owner of rights in the broadcast ranges from VND 40.000.000 to under VND
80.000.000, or where the value of the infringing goods ranges from VND
40.000.000 to under VND 80.000.000;
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d) A fine ranging from VND
60.000.000 to VND 100.000.000 shall be imposed where the ill-gotten gains range
from VND 60.000.000 to under VND 100.000.000, or where the damage caused to the
owner of rights in the broadcast ranges from VND 120.000.000 to under VND
200.000.000, or where the value of the infringing goods ranges from VND
120.000.000 to under VND 200.000.000;
3. Remedial measures:
a) Compulsory destruction
of infringing originals or infringing reproductions, for the acts specified in
clauses 1 and 2 of this Article. Where the conditions specified in
Article 83 of Decree No. 17/2023/ND-CP are satisfied, the remedial measure of
compulsory distribution or non-commercial use shall be applied;
b) Compulsory
disgorgement, to the owners of rights in broadcasts, of ill-gotten gains from
the commission of the acts specified in clauses 1 and 2 of this Article (if
any).
Article
33. Infringement of the right of import for distribution of the originals or
reproductions of fixations of broadcasts to the public
1. A fine ranging from VND 200.000.000 to VND 250.000.000 shall
be imposed for the import for distribution to the public of the original or a
reproduction of a fixation of a broadcast in tangible form without permission
of the owner of rights in the broadcast.
2. Remedial measures:
a) Compulsory destruction
of infringing originals or infringing reproductions, for the acts specified in
clause 1 of this Article. Where the conditions specified in Article 83 of
Decree No. 17/2023/ND-CP are satisfied, the remedial measure of compulsory
distribution or non-commercial use shall be applied;
b) Compulsory payment of
an amount equal to the value of the exhibits of the administrative violation
that have been unlawfully consumed, dissipated or destroyed, for the acts
specified in clause 1 of this Article;
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Article
34. Infringement of the right to fix broadcasts
1. A fine ranging from VND 20.000.000 to VND 30.000.000 shall
be imposed for the act of fixing a broadcast without permission of the owner of
rights in the broadcast.
2. Remedial measures:
a) Compulsory destruction,
removal or deletion of infringing originals or infringing copies from
telecommunications networks and the Internet, for the acts prescribed in clause
1 of this Article.
b) Compulsory
disgorgement, to the owners of rights in broadcasts, of ill-gotten gains from
the commission of the acts specified in clause 1 of this Article (if any).
Article
35. Infringement of the right to reproduce fixations of broadcasts
1. Fines imposed on an individual for the act of reproducing a
fixation of a broadcast without permission of the owner of rights in the
broadcast shall be as follows:
a) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed where the ill-gotten gains are
under VND 10.000.000, or where the damage caused to the owner of rights in the
broadcast is under VND 20.000.000, or where the value of the infringing goods
is under VND 20.000.000;
b) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains range
from VND 10.000.000 to under VND 20.000.000, or where the damage caused to the
owner of rights in the broadcast ranges from VND 20.000.000 to under VND
40.000.000, or where the value of the infringing goods ranges from VND
20.000.000 to under VND 40.000.000;
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d) A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed where the ill-gotten gains range
from VND 30.000.000 to under VND 50.000.000, or where the damage caused to the
owner of rights in the broadcast ranges from VND 60.000.000 to under VND
100.000.000, or where the value of the infringing goods ranges from VND
60.000.000 to under VND 100.000.000;
2. Fines imposed on an organization for the act of reproducing
a fixation of a broadcast without permission of the owner of rights in the
broadcast shall be as follows:
a) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains are
under VND 20.000.000, or where the damage caused to the owner of rights in the
broadcast is under VND 40.000.000, or where the value of the infringing goods
is under VND 40.000.000;
b) A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed where the ill-gotten gains range
from VND 20.000.000 to under VND 40.000.000, or where the damage caused to the
owner of rights in the broadcast ranges from VND 40.000.000 to under VND
80.000.000, or where the value of the infringing goods ranges from VND
40.000.000 to under VND 80.000.000;
c) A fine ranging from VND
40.000.000 to VND 60.000.000 shall be imposed where the ill-gotten gains range
from VND 40.000.000 to under VND 60.000.000, or where the damage caused to the
owner of rights in the broadcast ranges from VND 80.000.000 to under VND 120.000.000,
or where the value of the infringing goods ranges from VND 80.000.000 to under
VND 120.000.000;
d) A fine ranging from VND
60.000.000 to VND 100.000.000 shall be imposed where the ill-gotten gains range
from VND 60.000.000 to under VND 100.000.000, or where the damage caused to the
owner of rights in the broadcast ranges from VND 120.000.000 to under VND
200.000.000, or where the value of the infringing goods ranges from VND
120.000.000 to under VND 200.000.000;
3. A fine ranging from VND 20.000.000 to VND 40.000.000 shall
be imposed for the act of editing or compiling a broadcast without permission
of the owner of rights in the broadcast.
4. Remedial measures:
a) Compulsory destruction,
removal or deletion of infringing originals or infringing copies from
telecommunications networks and the Internet, for the acts prescribed in
clauses 1, 2 and 3 of this Article. Where the conditions specified in Article
83 of Decree No. 17/2023/ND-CP are satisfied, the remedial measure of
compulsory distribution or non-commercial use shall be applied;
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Article
36. Acts of transporting and storing counterfeit and pirated goods
1. Regarding the transporting of counterfeit and pirated goods:
a) A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed where the ill-gotten gains are
under VND 10.000.000, or where the damage caused to the copyright owner or the
related rights owner is under VND 20.000.000, or where the value of the
infringing goods is under VND 20.000.000;
b) A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed where the ill-gotten gains range
from VND 10.000.000 to under VND 20.000.000, or where the damage caused to the
copyright owner or the related rights owner ranges from VND 20.000.000 to under
VND 40.000.000, or where the value of the infringing goods ranges from VND
20.000.000 to under VND 40.000.000;
c) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed where the ill-gotten gains range
from VND 20.000.000 to under VND 30.000.000, or where the damage caused to the
copyright owner or the related rights owner ranges from VND 40.000.000 to under
VND 60.000.000, or where the value of the infringing goods ranges from VND
40.000.000 to under VND 60.000.000;
d) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains range
from VND 30.000.000 to under VND 50.000.000, or where the damage caused to the
copyright owner or the related rights owner ranges from VND 60.000.000 to under
VND 100.000.000, or where the value of the infringing goods ranges from VND
60.000.000 to under VND 100.000.000;
dd) A fine ranging from
VND 20.000.000 to VND 30.000.000 shall be imposed where the ill-gotten gains
range from VND 50.000.000 to under VND 100.000.000, or where the damage caused
to the copyright owner or the related rights owner ranges from VND 100.000.000
to under VND 150.000.000, or where the value of the infringing goods ranges
from VND 100.000.000 to under VND 150.000.000;
e) A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed where the ill-gotten gains are
VND 100.000.000 or more, or where the damage caused to the copyright owner or
the related rights owner is VND 150.000.000 or more, or where the value of the
infringing goods is VND 150.000.000 or more.
2. Regarding the storage of counterfeit and pirated goods:
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b) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed where the ill-gotten gains range
from VND 10.000.000 to under VND 20.000.000, or where the damage caused to the
copyright owner or the related rights owner ranges from VND 20.000.000 to under
VND 40.000.000, or where the value of the infringing goods ranges from VND
20.000.000 to under VND 40.000.000;
c) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed where the ill-gotten gains range
from VND 20.000.000 to under VND 30.000.000, or where the damage caused to the
copyright owner or the related rights owner ranges from VND 40.000.000 to under
VND 60.000.000, or where the value of the infringing goods ranges from VND
40.000.000 to under VND 60.000.000;
d) A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed where the ill-gotten gains range
from VND 30.000.000 to under VND 50.000.000, or where the damage caused to the
copyright owner or the related rights owner ranges from VND 60.000.000 to under
VND 100.000.000, or where the value of the infringing goods ranges from VND
60.000.000 to under VND 100.000.000;
dd) A fine ranging from
VND 50.000.000 to VND 70.000.000 shall be imposed where the ill-gotten gains
range from VND 50.000.000 to under VND 100.000.000, or where the damage caused
to the copyright owner or the related rights owner ranges from VND 100.000.000
to under VND 150.000.000, or where the value of the infringing goods ranges
from VND 100.000.000 to under VND 150.000.000;
e) A fine ranging from VND
70.000.000 to VND 100.000.000 shall be imposed where the ill-gotten gains are
VND 100.000.000 or more, or where the damage caused to the copyright owner or
the related rights owner is VND 150.000.000 or more, or where the value of the
infringing goods is VND 150.000.000 or more.
3. Remedial measures:
a) Compulsory destruction,
removal or deletion of infringing originals or infringing copies from
telecommunications networks and the Internet, for the acts prescribed in
clauses 1 and 2 of this Article. Where the conditions specified in Article 83
of Decree No. 17/2023/ND-CP are satisfied, the remedial measure of compulsory
distribution or non-commercial use shall be applied;
b) Compulsory
disgorgement, to the copyright holders or related rights holders, of any
ill-gotten gains from committing the violations specified in clause 1 and
clause 2 of this Article (if any).
Article
37. Violations of regulations on exceptions to copyright and related rights
infringement
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2. Regarding violations by a library:
a) A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for failure to post notices
indicating that the reproduction must be in compliance with laws on copyright
applicable to copying devices located within library premises.
b) A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for allowing the number of users at
the same time to exceed the number of reproductions of a work held by the
library when reproducing or transmitting stored works for interlibrary use via
computer networks under exceptions to copyright infringement, unless permitted
by the copyright owner;
c) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for providing digital
reproductions of works outside premises of libraries that are permitted to
legally use them when reproducing or transmitting stored works for interlibrary
use via computer networks under exceptions to copyright infringement, unless
permitted by the copyright owner;
3. Regarding violations by qualified organizations specified in
clause 3 Article 30 of Decree No. 17/2023/ND-CP:
a) A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed for failure to notify lists of
accessible-format copies or failure to submit reports on the performance of
activities under exceptions to copyright infringement for persons with
disabilities to the specialized agency responsible for state management of copyright
and related rights under the Ministry of Culture, Sports and Tourism;
b) A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for failure to publicly disclose
lists of accessible-format copies on the organization’s website, unless the
organization has no website;
c) A fine ranging from VND
5.000.000 to VND 7.000.000 shall be imposed for reproduction, distribution,
performance, communication of accessible-format copies of a work under
exceptions to copyright infringement for persons with disabilities without
right to legally access to the original or copies of the work;
a) A fine ranging from VND
7.000.000 to VND 10.000.000 shall be imposed for reproducing, distributing,
performing or communicating accessible-format copies of a work to an entity not
prescribed in Article 25a of the Law on Intellectual Property amended by Law
No. 36/2009/QH12, Law No. 42/2019/QH14, Law No. 07/2022/QH15 and Law No.
93/2025/QH15.
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5. A fine ranging from VND 10.000.000 to VND 20.000.000 shall
be imposed for obstructing or hindering persons with disabilities, their
caregivers or qualified organizations specified in clause 3 Article 30 of
Decree No. 17/2023/ND-CP from reproducing, distributing, performing, or
communicating accessible-format copies of a works where legal access to the
original or a copy of the work exists in accordance with law.
6. Remedial measures:
a) Compulsory provision of
information on the author’s name, origin and source of the work, and
information on performances, phonograms, videograms or broadcasts, for the acts
specified in clause 1 of this Article;
b) Compulsory posting of
notices indicating that the reproduction must be in compliance with laws on
copyright applicable to copying devices located within library premises, for
the acts specified in point a clause 2 of this Article;
c) Compulsory
disgorgement, to the copyright holders or related rights holders, of any
ill-gotten gains from committing the violations specified in points b and c
clause 2, point c and d clause 3 and clause 4 of this Article (if any).
d) Compulsory
implementation of measures to control the number of users in interlibrary use,
for the acts specified in point b, clause 2 of this Article;
dd) Compulsory removal or
deletion of copies provided to the public, for the acts specified in point c,
clause 2 of this Article;
e) Compulsory notification
of lists of accessible-format copies or submission of reports to specialized
agencies responsible for state management of copyright or related rights under
the Ministry of Culture, Sports and Tourism, for the acts specified in point a,
clause 3 of this Article;
g) Compulsory public
disclosure on the organization’s website of lists of accessible-format copies
of works, for the acts specified in point b, clause 3 of this Article, unless
the organization has no website;
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Article
38. Violations of regulations on limitations of copyright and related rights
1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be
imposed for failure to provide lists and duration of works, phonograms and
videograms used in accordance with clause 2, Article 34 of Decree No.
17/2023/ND-CP.
2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall
be imposed for failure to pay royalties to copyright owners or related rights
owners when using works fixed, with the authorization of the copyright owners,
in commercially published phonograms or videograms, or commercially published
phonograms or videograms in restaurants, cafés, hotels, shops, supermarkets,
entertainment venues, commercial centers, fitness and wellness clubs, aviation,
public transport and other business or commercial activities of a similar
nature, in accordance with clauses 1 and 2, Article 26 and clauses 1 and 2,
Article 33 of Law No. 50/2005/QH11 amended by Law No. 36/2009/QH12, Law No.
42/2019/QH14, Law No. 07/2022/QH15 and Law No. 93/2025/QH15.
3. A fine ranging from VND 20.000.000 to VND 30.000.000 shall
be imposed for failure to pay royalties to copyright owners or related rights
owners when using commercially published works, phonograms or videograms for
broadcasting, in accordance with clauses 1 and 2, Article 26 and clauses 1 and
2, Article 33 of Law No. 50/2005/QH11 amended by Law No. 36/2009/QH12, Law No.
42/2019/QH14, Law No. 07/2022/QH15 and Law No. 93/2025/QH15.
4. A fine ranging from VND 30.000.000 to VND 40.000.000 shall
be imposed for failure to pay royalties to copyright owners or related rights
owners when using works fixed, with the authorization of the copyright owners,
in commercially published phonograms or videograms, or commercially published
phonograms or videograms in karaoke establishments, bars, discotheques and
other business or commercial activities of a similar nature, in accordance with
clauses 1 and 2, Article 26 and clauses 1 and 2, Article 33 of Law No.
50/2005/QH11 amended by Law No. 36/2009/QH12, Law No. 42/2019/QH14, Law No.
07/2022/QH15 and Law No. 93/2025/QH15.
5. A fine ranging from VND 40.000.000 to VND 50.000.000 shall
be imposed for obstructing or hindering the dissemination or use of the
National Flag, National Emblem or National Anthem of the Socialist Republic of
Vietnam in the exercise of copyright or related rights in accordance with law.
6. Remedial measures:
a) Compulsory provision of
lists and duration of works, phonograms or videograms used, for the violations
specified in clause 1 of this Article;
b) Compulsory
disgorgement, to the copyright holders or related rights owners, of any
ill-gotten gains from committing the violations specified in clauses 2, 3 and 4
of this Article (if any).
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Article
39. Infringement of the right to apply effective technological measures to
protect copyright and related rights
1. A fine ranging from VND 30.000.000 to VND 50.000.000 shall
be imposed for intentionally removing or circumventing effective technological
measures implemented by authors, copyright owners or related rights owners to
protect their rights in accordance with law.
2. A fine ranging from VND 50.000.000 to VND 70.000.000 shall
be imposed for advertising, promoting or marketing devices, products, or
components, knowing or having reasons to believe that such devices, products or
components are manufactured or used to circumvent effective technological
measures protecting copyright or related rights.
3. A fine ranging from VND 70.000.000 to VND 100.000.000 shall
be imposed for distributing, importing, offering for sale, selling, leasing or
storing for commercial purposes devices, products or components, or introducing
or providing services, knowing or having reason to believe that such devices,
products or components are manufactured or used to circumvent effective
technological measures protecting copyright or related rights.
4. A fine ranging from VND 100.000.000 to VND 150.000.000 shall
be imposed for manufacturing devices, products or components, knowing or having
reasons to believe that such devices, products or components are manufactured
or used to circumvent effective technological measures protecting copyright or
related rights.
5. A fine ranging from VND 150.000.000 to VND 200.000.000 shall
be imposed for manufacturing, assembling, modifying, distributing, importing,
exporting, offering for sale, selling, or leasing devices or systems, knowing
or having reasons to believe that such devices or systems are used for
unauthorized decryption or are primarily designed to facilitate unauthorized
decryption of encrypted program-carrying satellite signals.
6. A fine ranging from VND 200.000.000 to VND 250.000.000 shall
be imposed for intentionally receiving and distributing encrypted
program-carrying satellite signals after decryption without authorization from
the lawful distributor.
7. Additional penalties:
Confiscation of exhibits and
means of administrative violations used primarily for producing or trading in
infringing devices, products, or components for the violations specified in
clauses 3, 4 and 5 of this Article, except where such devices, products or
components are imported.
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a) Compulsory destruction
of infringing exhibits, for the acts specified in clause 1 of this Article.
b) Compulsory
disgorgement, to the copyright holders or related rights holders, of any
ill-gotten gains from committing the violations specified in clauses 1, 3, 5
and 6 of this Article (if any).
c) Compulsory removal of
infringing elements from advertisements or compulsory takedown, dismantling or
deletion of advertisements, or recall of printed newspapers, magazines or other
products containing such advertisements, for the acts specified in clause 2 of
this Article;
d) Compulsory destruction
of infringing exhibits, for the import-related acts specified in clause 3 and
clause 5 of this Article. Where the
conditions specified in Article 83 of Decree No. 17/2023/ND-CP are satisfied,
the remedial measure of compulsory distribution or non-commercial use shall be
applied;
dd) Compulsory payment of
an amount equal to the value of the exhibits of the administrative violation
that have been unlawfully consumed, dissipated or destroyed, for the violations
specified in clause 3, 4 and 5 of this Article;
e) Compulsory removal or
deletion of infringing originals or copies on wired or wireless media,
electronic information networks, or any technical means for the violations
specified in clauses 1 and 6 of this Article.
Article
40. Infringement of the right to apply right management information (RMI) to
protect copyright and related rights
1. A fine ranging from VND 30.000.000 to VND 50.000.000 shall
be imposed for intentionally removing, deleting, or altering RMI without
permission from the author, copyright owner, or related rights owner, knowing
or having reasons to believe that such act will induce, enable, facilitate, or
conceal infringement of copyright or related rights in accordance with law.
2. A fine ranging from VND 50.000.000 to VND 70.000.000 shall
be imposed for intentionally distributing or importing for distribution to the
public copies of works, fixations of performances, phonograms, videograms, or
broadcasts, knowing or having reasons to believe that rights management
information has been removed, deleted, or altered without permission from the
copyright owner or related rights owner, and knowing or having reasons to
believe that such act will induce, enable, facilitate, or conceal infringement
of copyright or related rights.
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4. Additional penalties:
Confiscation of exhibits
and means of administrative violations used primarily for producing or trading
in infringing copies for the violations specified in clause 2 of this Article,
except where such copies are imported.
5. Remedial measures:
a) Compulsory restoration
of the original condition, for the acts specified in clause 1 of this Article;
b) Compulsory destruction
of infringing exhibits, for the import-related acts specified in clause 2 of
this Article. Where the conditions
specified in Article 83 of Decree No. 17/2023/ND-CP are satisfied, the remedial
measure of compulsory distribution or non-commercial use shall be applied;
c) Compulsory payment of
an amount equal to the value of the exhibits of the administrative violation
that have been unlawfully consumed, dissipated or destroyed, for the acts
specified in clause 2 of this Article;
d) Compulsory destruction,
removal or deletion of infringing originals or infringing copies from
telecommunications networks and the Internet, for the acts prescribed in clause
3 of this Article.
dd) Compulsory
disgorgement, to the copyright holders or related rights holders, of any
ill-gotten gains from committing the violations specified in clauses 1, 2 and 3
of this Article (if any).
Article
41. Violations of legal responsibilities for copyright and related rights by
intermediary service providers and other organizations and individuals
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a) Failing to warn service
users of their legal responsibilities if they commit acts of copyright or
related rights infringement;
b) Failing to publish
internal procedures for handling requests to remove or block access to
infringing digital content, or requests to object to temporary removal or
blocking of access to digital content on their service systems as prescribed in
point c, clause 1, Article 110 of Decree No. 17/2023/ND-CP.
2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall
be imposed on intermediary service providers for failing to notify the
competent authority of a contact point for copyright and related rights
matters, or failing to publicly disclose such contact point on their websites.
3. A fine ranging from VND 30.000.000 to VND 50.000.000 shall
be imposed on intermediary service providers that commit one of the following
acts:
a) Failing to provide user
information upon receipt of a written request from a competent regulatory
authority for the purpose of verifying and handling violations of copyright or
related rights;
b) Failing to establish
tools to receive requests to remove or block access to infringing digital
content as required for intermediary service providers specified in point c,
clause 1, Article 110 of Decree No. 17/2023/ND-CP.
4. A fine ranging from VND 50.000.000 to VND 70.000.000 shall be
imposed on the intermediary service providers specified in point c clause 1
Article 110 of Decree No. 17/2023/ND-CP that commit one of the following acts:
a) Failing to notify the content
provider whose digital content has been removed or blocked of such removal or
blocking upon receipt of a written request from a competent authority;
b) Failing to report the
results of removal or blocking to the requesting authority and specialized
agency for state management of copyright and related rights under the Ministry
of Culture, Sports and Tourism within 24 hours from removal or blocking as
requested in writing by a competent authority;
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d) Failing to forward to
the requesting party a written request for objection together with supporting
documents and evidence provided by the requested party, within 72 hours from
receipt and after restoring the removed or blocked digital content;
dd) Failing to notify the
requesting party and the requested party of the immediately temporary removal
or blocking of access to livestreamed digital content upon receipt of the
request accompanied by supporting documents and evidence provided by the requesting
party at least 24 hours prior to the livestream.
5. A fine ranging from VND 70.000.000 to VND 100.000.000 shall
be imposed on the intermediary service providers specified in point c clause 1
Article 110 of Decree No. 17/2023/ND-CP that commit one of the following acts:
a) Temporarily removing or
blocking digital content, or restoring removed or blocked content, without
having received sufficient supporting documents and evidence from the
requesting party or the requested party;
b) Failing to temporarily
remove or block access to digital content within 72 hours from receipt of a
request accompanied by supporting documents and evidence from the requesting
party;
c) Failing to restore
digital content that has been temporarily removed or blocked within 72 hours
from receipt of a notice of objection form the requested party accompanied by
supporting documents and evidence;
d) Failing to immediately
remove or block access to livestreamed digital content upon receipt of a
request accompanied by supporting documents and evidence provided by the
requesting party at least 24 hours prior to the livestream.
6. A fine ranging from VND 70.000.000 to VND 100.000.000 shall
be imposed on individuals or organizations that abuse procedures for removal or
blocking of access to digital content, or provide false supporting documents or
evidence to intermediary service providers.
7. A fine ranging from VND 100.000.000 to VND 150.000.000 shall
be imposed on intermediary service providers specified in point c clause 1
Article 110 of Decree No. 17/2023/ND-CP for failing to remove or block access
to infringing digital content within 24 hours from receipt of a written request
from a competent authority.
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a) Compulsory warning to
service users in accordance with clause 17, Article 4 of this Decree, for the
acts specified in point a, clause 1 of this Article;
b) Compulsory publication
of internal procedures in accordance with clause 18, Article 4 of this Decree,
for the acts specified in point b, clause 1 of this Article;
c) Compulsory notification
of contact point in accordance with clause 11, Article 4 of this Decree, for
the acts specified in clause 2 of this Article;
d) Compulsory provision of
user information in accordance with clause 15, Article 4 of this Decree, for
the acts specified in point a, clause 3 of this Article;
dd) Compulsory
establishment of request-receiving tools in accordance with clause 19, Article
4 of this Decree, for the acts specified in point b, clause 3 of this Article;
e) Compulsory reporting of
results of removal or blocking of access to infringing digital content to the
requesting authority and the specialized agency for state management of
copyright and related rights under the Ministry of Culture, Sports and Tourism,
for the acts specified in point b, clause 4 of this Article;
g) Compulsory temporary
removal or blocking of access to digital content, for the acts specified in
points b and d, clause 5 of this Article;
h) Compulsory restoration
of digital content, for the acts specified in point c, clause 5 of this Article;
i) Compulsory
disgorgement, to the copyright holders or related rights holders, of any
ill-gotten gains from committing the violations specified in clause 6 of this
Article (if any).
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Section
2. OTHER ADMINISTRATIVE VIOLATIONS OF COPYRIGHT AND RELATED RIGHTS
Article
42. Violations of regulations on applications for approval and written
approvals for use of works, performances, phonograms, videograms or broadcasts
where the state acts as the representative owner or manager of copyright or
related rights
1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall
be imposed for making false declarations in documents and materials contained
in applications for approval for use of works, phonograms, videograms, or
broadcasts where the State acts as the representative owner or manager of
copyright or related rights.
2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall
be imposed for erasing or altering written approvals in a manner that falsifies
their contents relating to the use of works, phonograms, videograms, or
broadcasts where the State acts as the representative owner or manager of copyright
or related rights, except where such acts are committed for personal gain or
other personal motives through abuse of position or authority to the extent of
criminal liability.
3. Remedial measures:
a) Compulsory submission
of the written approval to the issuing authority and removal of copies of such
written approval from telecommunications networks and the Internet, for the
acts specified in clause 1 of this Article (where approval has been granted)
and clause 2 of this Article;
b) Compulsory disgorgement
of any ill-gotten gains from the violations specified in clauses 1 and 2 of
this Article.
Article
43. Violations of regulations on applications for approval and written
approvals for translation or reproduction of works for non-commercial teaching
and research
1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall
be imposed for making false declarations in documents and materials in the
following cases:
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b) Applications for
approval for reproduction of works for non-commercial teaching and research.
2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall
be imposed for erasing or altering written approvals in a manner that falsifies
their contents in the following cases, except where such acts are committed for
personal gain or other personal motives through abuse of position or authority
to the extent of criminal liability:
a) Approval for
translation of works from foreign languages into Vietnamese for no-commercial
teaching and research;
b) Approval for
reproduction of works for non-commercial teaching and research;
3. Remedial measures:
a) Compulsory submission
of the written approval to the issuing authority and removal of copies of such
written approval from telecommunications networks and the Internet, for the
acts specified in clause 1 of this Article (where approval has been granted)
and clause 2 of this Article;
b) Compulsory disgorgement
of any ill-gotten gains from the violations specified in clauses 1 and 2 of
this Article.
Article
44. Violations of regulations on registration of copyright and related rights
1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall
be imposed for making false declarations in documents and materials in
applications for issuance, re-issuance, replacement, or invalidation of
Certificates of Copyright Registration or Certificates of Related rights
Registration.
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a) Using a Certificate of
Copyright Registration or a Certificate of Related rights Registration after a
decision on invalidation or revocation has been issued by a competent authority;
b) Erasing or altering a
Certificate of Copyright Registration or a Certificate of Related rights
Registration in a manner that falsifies its contents, except where such acts
are committed for personal gain or other personal motives through abuse of
position or authority to the extent of criminal liability;
c) Failing to return a
Certificate of Copyright Registration or a Certificate of Related rights
Registration after a competent authority has issued a decision on invalidation
or revocation;
d) Abusing procedures for
registration of copyright or related rights to obstruct or hinder the exercise
of copyright or related rights of other organizations or individuals.
3. Remedial measures:
a) Compulsory submission
of Certificates of Copyright Registration or Certificates of Related Rights
Registration to the issuing authority and removal of copies of such
certificates from telecommunications networks and the Internet, for the acts
specified in Clause 1 of this Article (where certificates have been granted)
and Points a, b, and c, Clause 2 of this Article;
b) Compulsory disgorgement
of any ill-gotten gains from the violations specified in Clauses 1 and 2 of
this Article.
Article
45. Violations of regulations on the operation of CMOs
1. A fine ranging from VND 1.000.000 to VND 5.000.000 shall be
imposed for failing to publicly post search information on the website of a CMO
where the author, co-author, copyright owner, related rights owner, or co-owner
thereof who has granted authorization cannot be found or contacted for the
purpose of distributing collected royalties.
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a) Failing to fully report
on collective management activities to the competent regulatory authority;
b) Failing to fully
disclose the annual report and audited financial statements at the annual
meeting or on the CMO’s website;
c) Failing to provide
information on amounts payable for each work, performance, phonogram,
videogram, or broadcast that is granted licence for use, and the period of use
as a basis for royalty collection and distribution to the author, copyright
owner, related rights owner who has authorized such distribution.
3. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be
imposed on a CMO for one of the following acts:
a) Failing to report on
collective management activities to the competent regulatory authority;
b) Failing to disclose the
annual report and audited financial statements at the annual meeting or on the CMO’s
website;
c) Failing to fully
disclose information on the work, the subject matter of related rights, author,
copyright owner or related rights owner who has granted authorization on the
CMO’s website.
d) Failing to establish a
monitoring mechanism to ensure that royalties collected from the licensing are
kept in accounts separate from assets, accounts and other revenues and
expenditures of the CMO in accordance with laws;
dd) Failing to establish
an organizational structure enabling authorized members to nominate, elect and
be elected to managerial and supervisory positions of the CMO.
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a) Operating beyond the
scope of the written authorization agreement with the copyright owner or
related rights owner;
b) Failing to disclose
information on the work, the subject matter of related rights, author,
copyright owner or related rights owner who have granted authorization on the
CMO’s website.
5. A fine ranging from VND 40.000.000 to VND 60.000.000 shall
be imposed on a CMO carrying out activities without a written authorization
agreement with the copyright owner or related rights owner.
6. A fine ranging from VND 60.000.000 to VND 80.000.000 shall
be imposed on a CMO committing one of the following acts:
a) Retaining royalties at
a rate inconsistent with the prescribed proportion of the total royalties
collected by the CMO;
b) Using retained
royalties in violation of applicable regulations;
c) Failing to transfer
collected royalties, accrued interest and documents related to the
authorization and collection of royalties to the competent regulatory authority
for management, after deducting management and search expenses as prescribed by
law, in cases where, after five years of searching, the author, co-author,
copyright owner, related rights owner, co-owner of copyright, or co-owner of
related rights who has granted authorization cannot be found or contacted;
d) Failing to establish
royalty tariffs and payment methods.
7. A fine ranging from VND 80.000.000 to VND 100.000.000 shall
be imposed on a CMO committing one of the following acts:
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b) Conducting collective
management activities for profit.
8. Remedial measures:
a) Compulsory public
posting of search information on the CMO’s website, for the acts specified in
clause 1 of this Article;
b) Compulsory submission
of reports on collective management activities to the competent regulatory
authority, for the acts specified in point a clause 2 and point a clause 3 of
this Article;
c) Compulsory full
disclosure of the annual report and audited annual financial statements at the
annual meeting of the CMO and full publication thereof on the website of the
CMO for the acts specified at Point b Clause 2 and Point b Clause 3 of this
Article;
d) Compulsory provision of
accompanying relevant information, for the acts specified at Point c Clause 2
of this Article;
dd) Compulsory full
disclosure of information, for the acts specified at Point c Clause 3 and Point
b Clause 4 of this Article;
e) Compulsory
establishment of a monitoring mechanism by the CMO to ensure that royalties
collected from the licensing are kept in accounts separate from other assets,
accounts, revenues and expenditures of the CMO in accordance with regulations,
for the acts specified at Point d Clause 3 of this Article;
g) Compulsory
establishment of the organizational structure of the CMO, for the acts
specified at Point dd Clause 3 of this Article;
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i) Compulsory
reimbursement, to copyright holder or related rights holder, of amounts
(royalties) retained at a rate inconsistent with the prescribed rate, for the
acts specified at Point a Clause 6 of this Article;
k) Compulsory
reimbursement, to copyright holder or related rights holder, of amounts
improperly used, for the acts specified at Point b Clause 6 of this Article;
l) Compulsory transfer of
collected royalties, accrued bank interest, and related documents by the CMO to
competent regulatory authorities for management, for the acts specified in
point c clause 6 of this Article;
m) Compulsory
establishment by the CMO of royalty tariffs and payment methods, for the acts
specified at Point d Clause 6 of this Article.
Article
46. Violations of regulations on the collection and distribution of royalties
under authorization not carried out by CMOs
1. A fine ranging from 1.000.000 VND to 5.000.000 VND shall be
imposed for posting incomplete annual reports and audited annual financial
statements on the collection and distribution of royalties on the CMO’s website.
2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be
imposed on an CMO committing one of the following acts:
a) Providing incomplete
reports on the collection and distribution of royalties under authorization to
the competent regulatory authority as prescribed;
b) Failing to post annual
reports and audited annual financial statements on the collection and
distribution of royalties on the CMO’s website;
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d) Failing to provide
information on amounts payable for each work, performance, phonogram,
videogram, or broadcast that is granted licence for use, and the period of use
as a basis for royalty collection and distribution to the author, copyright
owner, related rights owner who has authorized such distribution.
3. A fine ranging from VND 10.000.000 to VND 15.000.000 shall
be imposed on a CMO committing one of the following acts:
a) Failing to inform or
report on the collection and distribution of royalties under authorization to
the competent regulatory authority as prescribed;
b) Failing to disclose
information on the work, author, copyright owner or related rights owner who
have granted authorization on the CMO’s website.
4. A fine ranging from VND 20.000.000 to VND 40.000.000 shall
be imposed on a CMO committing one of the following acts:
a) Operating beyond the
scope of the written authorization agreement with the copyright owner or
related rights owner;
b) Making payments not in
accordance with the agreement with the author, copyright owner or related
rights owner based on the total royalties collected under authorization.
5. A fine ranging from VND 40.000.000 to VND 60.000.000 shall
be imposed on a CMO carrying out activities without a written authorization
agreement with the copyright owner or related rights owner.
6. A fine ranging from 60.000.000 VND to 80.000.000 VND shall
be imposed for impersonating a CMO to carry out activities.
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a) Compulsory full posting
of annual reports and annual financial statements, for the acts specified in
Clause 1 and Point b Clause 2 of this Article;
b) Compulsory public
disclosure of information, for the acts specified in Point c Clause 2 and Point
b Clause 3 of this Article;
c) Compulsory provision of
accompanying relevant information, for the acts specified at Point d Clause 2
of this Article;
d) Compulsory submission
of information and reports to the competent regulatory authority, for the acts
specified in point a clause 2 and point a clause 3 of this Article;
dd) Compulsory
reimbursement, to copyright owner or related rights owner, of royalties
obtained from committing the violations specified in Clauses 4 and 5 of this
Article;
e) Compulsory disgorgement
of ill-gotten gains from committing the violations specified in Clause 6 of
this Article..
Article
47. Violations of regulations on copyright and related rights assessment
1. A fine ranging from 1.000.000 VND to 3.000.000 VND shall be
imposed for failure to comply with regulations on procedures for assessment.
2. A fine ranging from 3.000.000 VND to 7.000.000 VND shall be
imposed for failure to provide explanations of assessment conclusions upon
request as prescribed.
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a) Failing to prepare
assessment dossiers or to preserve exhibits and documents related to copyright
and related rights assessment cases;
b) Failing to maintain
confidentiality of information and documents as requested by organizations or
individuals requesting the assessment, thereby causing damage to relevant
organizations or individuals;
c) Altering or erasing the
assessment conclusion in a manner that falsifies its contents, except where
such acts are committed for personal gain or other personal motives through
abuse of position or authority to the extent of criminal liability.
4. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be
imposed for one of the following acts:
a) Abusing the status and
activities of assessment for personal gain;
b) Intentionally issuing
false or misleading assessment conclusions.
c) Conducting assessment
in cases where refusal of assessment is required by law;
d) Failing to provide
information or submit reports on assessment activities to the competent
authority.
5. A fine ranging from VND 15.000.000 to VND 30.000.000 shall
be imposed for one of the following acts:
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b) Declaring untruthful
information in documents and materials in the application for examination of
professional assessment competence, the application for issuance of an Assessor
card, or the application for issuance of a Certificate of copyright and related
rights assessment organization;
c) Conducting assessment
activities not in accordance with the registered form of assessment practice;
d) An assessment
organization operating outside the scope of assessment recorded in its
Certificate.
6. A fine ranging from VND 30.000.000 to VND 50.000.000 shall
be imposed for one of the following acts:
a) Conducting assessment
without an Assessor card or a Certificate of assessment organization;
b) Using another person’s
or organization’s Assessor card or Certificate to conduct assessment activities;
c) Allowing another person
or organization to use one’s Assessor card or Certificate to conduct assessment
activities.
7. Additional penalties:
Suspension of the right to
use the Assessor card or the Certificate of assessment organization for a
period from 01 month to 03 months for the acts specified in Point c Clause 6 of
this Article.
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a) Compulsory submission
of information and reports on assessment activities to the competent regulatory
authority, for the acts specified in point d clause 4 of this Article;
b) Compulsory submission
of the Assessor card or Certificate of assessment organization to the issuing
authority and removal of copies thereof from telecommunications networks and the
Internet, for the acts specified in Point a Clause 5, Point b Clause 6, and
Point b Clause 5 (where already issued);
c) Compulsory disgorgement
of ill-gotten gains from committing the violations specified in Point c Clause
3; Points a, b, c Clause 4; Points c, d Clause 5; and Clause 6 of this Article.
Article
48. Violations of regulations on the operation of organizations providing
consultancy and services on copyright and related rights
1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be
imposed on an organization providing consultancy and services on copyright and
related rights committing one of the following acts:
a) Failing to submit
reports on consultancy and service provision activities to the competent
regulatory authority as prescribed;
b) Failing to send a
written notification to the competent authority of changes in the information
of the organization providing consultancy and services on copyright and related
rights as prescribed.
2. A fine ranging from 10.000.000 VND to 20.000.000 VND shall
be imposed for impersonating an organization providing consultancy and services
on copyright and related rights to carry out activities.
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a) Compulsory submission
of reports as prescribed, for the acts specified in point a clause 1 of this
Article;
b) Compulsory sending of a
written notification to the competent authority of changes in the information
of the organization providing consultancy and services on copyright and related
rights as prescribed, for the acts specified in point b clause 1 of this
Article;
c) Compulsory disgorgement
of ill-gotten gains from committing the violations specified in Clause 2 of
this Article.
Article
49. Violations of regulations on sealing and temporary seizure of exhibits and
means of violation during inspection
1. An organization or individual not assigned to keep or manage
sealed exhibits or means of violation, who commits one of the following acts,
shall be subject to penalties as follows:
a) A fine ranging from
3.000.000 VND to 5.000.000 VND for removing or breaking seals of exhibits or
means of administrative violations related to copyright and related rights that
are under sealing or temporary seizure;
b) A fine ranging from
5.000.000 VND to 10.000.000 VND for altering, but not yet consuming, dispersing
or destroying exhibits or means of administrative violations related to
copyright and related rights that are under inspection or sealing or temporary
seizure;
c) A fine ranging from
15.000.000 VND to 30.000.000 VND for consuming, dispersing or destroying
exhibits or means of administrative violations related to copyright and related
rights that are under inspection or sealing or temporary seizure;
2. Remedial measures:
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b) Compulsory recovery of
exhibits or means of violation that have been dispersed or compulsory payment
of an amount equivalent to the value of exhibits or means of violation that
have been consumed, dispersed or destroyed, for the act specified in Point c
Clause 1 of this Article.
Chapter
III
POWER TO IMPOSE ADMINISTRATIVE PENALTIES,
IMPLEMENTATION OF PENALTIES AND REMEDIAL MEASURES
Article
50. Power to issue offence notices
Persons holding positions
with power to impose administrative penalties as prescribed in Articles 52 to
59 of this Decree; civil servants and public employees in the sectors of culture,
sports and tourism; members of the People’s Army and the People’s Public
Security forces performing official duties; aircraft commanders, ship masters,
train captains and persons assigned by them to issue offence notices, upon
detecting administrative violations of copyright and related rights, shall be
competent to issue offence notices in accordance with law.
Article
51. Allocation of power to impose administrative penalties for violations of
copyright and related rights
1. Chairpersons of the People's
Committees at all levels shall have the power to impose administrative
penalties and apply remedial measures (if any) to administrative violations
specified in Chapter II of this Decree occurring within their respective
administrative divisions in accordance with Article 52 of this Decree.
2. Persons having power to
impose penalties within the Inspectorates of the Civil Aviation Authority of
Vietnam and the Vietnam Maritime and Inland Waterways Authority shall have
power to impose administrative penalties and apply remedial measures in respect
of violations prescribed in clause 1 of Article 36, violations occurring in
public transport activities prescribed in clause 2 Article 38 and Article 49 of
this Decree, in accordance with Article 53 of this Decree and their assigned
functions, duties and powers.
3. Heads of agencies
performing state management by sector or field and other titles shall have
power to impose administrative penalties and apply remedial measures as follows:
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b) Directors General of
the Authority of Broadcasting and Electronic Information (ABEI), the Press
Authority, and the Publishing, Printing and Distribution Authority shall have
power to impose administrative penalties and apply remedial measures in respect
of violations prescribed in Articles 7, 8, 9, 10, Clause 1 Article 11, Articles
13, 15–22, 25–27, 30–32, 34, 35, 38–41 and 49 of this Decree, in accordance
with clause 2 Article 54 of this Decree and their assigned functions, duties
and powers;
c) Directors General of
the Vietnam Maritime and Inland Waterways Authority, the Civil Aviation
Authority of Vietnam, the Vietnam Road Administration and the Vietnam Railway
Authority, and Directors of Departments of Construction shall have power to
impose administrative penalties and apply remedial measures in respect of
violations prescribed in clause 1 of Article 35, violations occurring in public
transport activities prescribed in clause 2 Article 38 and Article 49 of this
Decree, in accordance with Article 54 of this Decree and their assigned
functions, duties and powers.
4. Persons having power to
impose penalties within the People’s Public Security forces shall have power to
impose administrative penalties and apply remedial measures in respect of
violations prescribed in Articles 10–13, 15, 16, 19–22, 24–27, 29–32, 34–38;
Clauses 1, 2, 4 and 6 Article 39; acts prescribed in Clauses 3 and 5 Article
39; Clauses 1–3 Article 40; acts of distribution specified in clause 2 Article
40 and Articles 41–49 of this Decree, in accordance with Article 55 and their
assigned functions, duties and powers.
5. Persons having power to
impose penalties within the Border Guard forces shall have power to impose
administrative penalties and apply remedial measures in respect of violations
prescribed in Articles 14, 23, 28, 33 and 36; and acts of import and export
prescribed in Clauses 3 and 5 Article 39, Clause 2 Article 40, and Article 49
of this Decree, in accordance with Article 56 of this Decree and their assigned
functions, duties and powers.
6. Persons having power to
impose penalties within the Coast Guard forces shall have power to impose
administrative penalties and apply remedial measures in respect of violations
prescribed in Articles 14, 23, 28, 33 and 36; and violations occurring in
public transport activities prescribed in Clause 2 Article 38, acts of import
and export prescribed in clauses 3 and 5 Article 40 and Article 49 of this
Decree, in accordance with Article 57 of this Decree and their assigned
functions, duties and powers.
7. Persons having power to
impose penalties within the Customs authorities shall have power to impose
administrative penalties and apply remedial measures in respect of violations
prescribed in Articles 14, 23, 28, 33 and 36; and acts of import and export
prescribed in Clauses 3 and 5 Article 39, Clause 2 Article 40 and Article 49 of
this Decree, in accordance with Article 58 and their assigned functions, duties
and powers.
8. Persons having power to
impose penalties within the Market Surveillance forces shall have power to
impose administrative penalties and apply remedial measures in respect of
violations prescribed in Clause 3 Article 7; Articles 12, 13, 15, 16, 20–22,
24–27, 29, 30, 32, 35, 36; Clauses 1–4 Article 38; acts prescribed in Clauses
3–5 Article 39; Clause 2 Article 40 and Article 49, in accordance with Article
59 and their assigned functions, duties and powers.
Article
52. Power of Chairpersons of People’s Committees
1. The Chairpersons of the
commune-level People’s Committees have the right to:
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b) Impose fixed-term
suspension of the right to use licences or practising certificates;
c) Order confiscation of
exhibits and means of administrative violations;
d) Apply remedial measures
prescribed in points a, d, e, g and i clause 1 Article 28 of Law No.
15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14,
Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No.
88/2025/QH15 and Article 4 of this Decree.
2. The Chairpersons of the provincial People’s Committees have
the right to:
a) Impose fines of up to
VND 250.000.000;
b) Impose fixed-term
suspension of the right to use licences or practising certificates;
c) Order confiscation of
exhibits and means of administrative violations;
d) Apply remedial measures
prescribed in points a, d, e, g and i clause 1 Article 28 of Law No. 15/2012/QH13
amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14,
Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No.
88/2025/QH15 and Article 4 of this Decree.
Article
53. Power of inspectorates
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a) Impose fines of up to
VND 25.000.000;
b) Order confiscation of
exhibits and means of administrative violations with a value not exceeding VND
50.000.000.
2. Heads of inspection teams of the above authorities have the
right to:
a) Impose fines of up to
VND 125.000.000;
b) Order confiscation of
exhibits and means of administrative violations;
c) Apply remedial measures
prescribed in points a, d, e, g and i clause 1 Article 28 of Law No.
15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No.
67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15,
Law No. 88/2025/QH15 and Article 4 of this Decree.
3. Chief Inspectors of the above authorities have the right to:
a) Impose fines of up to
VND 200.000.000;
b) Impose fixed-term
suspension of the right to use licences or practising certificates;
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d) Apply remedial measures
prescribed in points a, d, e, g and i clause 1 Article 28 of Law No.
15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No.
67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15,
Law No. 88/2025/QH15 and Article 4 of this Decree.
Article
54. Power of Heads of agencies performing state management by sector or field
and other titles
1. Directors of
Departments of Culture, Sports and Tourism; Departments of Culture and Sports; and
Departments of Construction shall have the power to:
a) Impose fines of up to
VND 200.000.000;
b) Impose fixed-term
suspension of the right to use licences or practising certificates;
c) Order confiscation of
exhibits and means of administrative violations;
d) Apply remedial measures
prescribed in points a, d, e, g and i clause 1 Article 28 of Law No.
15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No.
67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15,
Law No. 88/2025/QH15 and Article 4 of this Decree.
2. Heads of organizations under the Ministry of Culture, Sports
and Tourism assigned inspection within the scope of state management of
copyright and related rights of the Ministry; and Directors General of the
Authority of Broadcasting and Electronic Information, the Press Authority, the
Publishing, Printing and Distribution Authority, the Vietnam Maritime and
Inland Waterways Authority, the Civil Aviation Authority of Vietnam, the
Vietnam Road Administration, and the Vietnam Railway Authority shall have the
power to:
a) Impose fines of up to
VND 250.000.000;
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c) Order confiscation of exhibits
and means of administrative violations;
d) Apply remedial measures
prescribed in points a, d, e, g and i clause 1 Article 28 of Law No.
15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No.
67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15,
Law No. 88/2025/QH15 and Article 4 of this Decree.
3. Heads of inspection teams established by Heads of
organizations affiliated to the Ministry of Culture, Sports and Tourism
performing state management of copyright and related rights shall have power to
impose penalties as prescribed in Clause 1 of this Article.
4. Heads of inspection teams established by the Minister of
Culture, Sports and Tourism shall have power to impose penalties as prescribed
in Clause 2 of this Article.
Article
55. Power of the People’s Public Security Forces
1. The People’s Police
officers on duty shall have power to:
a) Impose fines of up to
VND 25.000.000;
b) Order confiscation of
exhibits and means of administrative violations with a value not exceeding VND
50.000.000.
2. Commanders of company-level Mobile Police units shall have
the power to:
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b) Order confiscation of
exhibits and means of administrative violations with a value not exceeding VND
100.000.000.
c) Apply remedial measures
prescribed in points a and e clause 1 Article 28 of Law No. 15/2012/QH13
amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14,
Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15 and Law No.
88/2025/QH15.
3. Chiefs of police stations, Commanders battalion-level Mobile
Police units, Flotilla Commanders, Station Chiefs and Team Leaders shall have
the power to:
a) Impose fines of up to
VND 75.000.000;
b) Impose fixed-term
suspension of the right to use licences or practising certificates;
c) Order confiscation of
exhibits and means of administrative violations with a value not exceeding VND
150.000.000;
d) Apply remedial measures
prescribed in points a and e clause 1 Article 28 of Law No. 15/2012/QH13
amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14,
Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15 and Law No.
88/2025/QH15.
4. Heads of the commune-level police shall have the power to:
a) Impose fines of up to
VND 125.000.000;
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c) Order confiscation of
exhibits and means of administrative violations;
d) Apply remedial measures
prescribed in points a, d, e, g and i clause 1 Article 28 of Law No.
15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No.
67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15,
Law No. 88/2025/QH15 and Article 4 of this Decree.
5. Heads of professional divisions under the Bureau of Internal
Political Security shall include: the Head of the Press and Publishing Security
Division; the Head of the Culture, Sports and Social Labor Security Division;
the Head of the Postal, Telecommunications and Information Technology Security
Division; Heads of professional divisions under the Bureau of Economic Security
shall include: the Head of the Industry and Trade Security Division; the Head
of the Transport and Construction Security Division; the Head of the Finance
and Investment Security Division; the Head of the Agriculture, Forestry and
Fisheries Security Division; the Head of the Science, Technology and Natural
Resources and Environment Security Division; Heads of professional divisions
under the Police Bureau for Administrative Management of Social Order shall
include: the Head of the Division for Guidance and Management of Conditional
Business Lines on Security and Order and Seals; Heads of professional divisions
under the Bureau of Traffic Police shall include: the Head of the Division for
Guidance on Road and Railway Traffic Patrol and Control; the Head of the
Division for Guidance on Inland Waterway Patrol, Control and Crime Prevention
and Suppression; Flotilla Commanders; Heads of professional divisions under the
Bureau of Cybersecurity and High-Tech Crime Prevention and Control shall
include: the Head of the Division of Prevention and Control of Cybercrime Using
Cyberspace to Violate Economic Management Order; the Head of the Division of
Prevention and Control of Cybercrime Using Cyberspace to Violate Social Order;
the Head of the Division of Cyber Information Security; the Head of the
Division of Protection of National Information Network Security; the Head of
the Division of Monitoring of Cyber Information and Prevention of Cyberspace
use for Violations against National Security; Head of Regiment-level Mobile
Police Unit; Heads of Divisions affiliated to the provincial Police shall
include: the Head of the Internal Political Security Division; the Head of the
Police Division for Administrative Management of Social Order; the Head of the
Criminal Police Division; the Head of the Economic, Corruption, Smuggling and
Environmental Crime Investigation Division; the Head of the Traffic Police
Division; the Head of the Mobile Police Division; the Head of the Cybersecurity
and High-Tech Crime Prevention Division; the Head of the Economic Security
Division; the Head of the External Security Division, shall have the power to:
a) Impose fines of up to
VND 200.000.000;
b) Impose fixed-term
suspension of the right to use licences or practising certificates;
c) Order confiscation of
exhibits and means of administrative violations;
d) Apply remedial measures
prescribed in points a, d, e, g and i clause 1 Article 28 of Law No.
15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No.
67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15,
Law No. 88/2025/QH15 and Article 4 of this Decree.
6. Directors of the provincial Police shall have the power to:
a) Impose fines of up to
VND 250.000.000;
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c) Order confiscation of
exhibits and means of administrative violations;
d) Apply remedial measures
prescribed in points a, d, e, g and i clause 1 Article 28 of Law No.
15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No.
67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15,
Law No. 88/2025/QH15 and Article 4 of this Decree.
7. Director of the Bureau of Internal Political Security,
Director of Bureau of Economic Security, Director of Police Bureau for
Administrative Management of Social Order, Director of Police Bureau for
Investigation into Social Order-related Crimes, Director of Police Bureau for
Investigation into Corruption, Economy and Smuggling-related Crimes, Director
of Police Bureau for Investigation into Drug-related Crimes, Director of Police
Traffic Department, Director of Department of Cybersecurity and Hi-tech Crime
Prevention and Control, Director of Domestic Security Department, and the
Commander of the Mobile Police shall have the power to:
a) Impose fines of up to
VND 250.000.000;
b) Impose fixed-term
suspension of the right to use licences or practising certificates;
c) Order confiscation of
exhibits and means of administrative violations;
d) Apply remedial measures
prescribed in points a, d, e, g and i clause 1 Article 28 of Law No.
15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No.
67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15,
Law No. 88/2025/QH15 and Article 4 of this Decree.
Article
56. Power of the Border Guard forces
1. Border guard officers
on duty shall have power to:
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b) Order confiscation of
exhibits and means of administrative violations with a value not exceeding VND
25.000.000.
2. Station Chiefs and Team leaders of the Border Guard officers
specified in Clause 1 this Article are shall have power to:
a) Impose fines of up to
VND 25.000.000;
b) Order confiscation of
exhibits and means of administrative violations with a value not exceeding VND
50.000.000.
c) Apply remedial measures
prescribed in points a and e clause 1 Article 28 of Law No. 15/2012/QH13
amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14,
Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15 and Law No.
88/2025/QH15.
3. Leaders of Anti-drug and crime Control Task Force Teams
affiliated to Anti-drug and crime Control Task Forces shall have the power to:
a) Impose fines of up to
VND 37.500.000;
b) Order confiscation of
exhibits and means of administrative violations with a value not exceeding VND
75.000.000.
c) Apply remedial measures
prescribed in points a and e clause 1 Article 28 of Law No. 15/2012/QH13
amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14,
Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15 and Law No.
88/2025/QH15.
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a) Impose fines of up to
VND 75.000.000;
b) Order confiscation of
exhibits and means of administrative violations with a value not exceeding VND
150.000.000.
c) Apply remedial measures
prescribed in points a, d, e, g and i clause 1 Article 28 of Law No.
15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No.
67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15,
Law No. 88/2025/QH15 and Article 4 of this Decree.
5. Leaders of the Anti-Drug and Crime Control Task Forces under
the Drug and Crime Prevention Department affiliated to the Border Guard Command
shall have the power to:
a) Impose fines of up to
VND 125.000.000;
b) Order confiscation of
exhibits and means of administrative violations;
c) Apply remedial measures
prescribed in points a, d, e, g and i clause 1 Article 28 of Law No.
15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No.
67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15,
Law No. 88/2025/QH15 and Article 4 of this Decree.
6. Commanders of the Border Guard Commands; Commanders of the
Border Guard Squadrons; Directors of the Drug and Crime Prevention and Control
Department affiliated to the Border Guard High Command shall have the power to:
a) Impose fines of up to
VND 250.000.000;
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c) Apply remedial measures
prescribed in points a, d, e, g and i clause 1 Article 28 of Law No.
15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No.
67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15,
Law No. 88/2025/QH15 and Article 4 of this Decree.
Article
57. Power of the Coast Guard
1. Coastguard officers on
duty shall have power to:
a) Impose fines of up to
VND 12.500.000;
b) Order confiscation of
exhibits and means of administrative violations with a value not exceeding VND
25.000.000.
2. Coastguard team leaders are entitled to:
a) Impose fines of up to
VND 25.000.000;
b) Order confiscation of
exhibits and means of administrative violations with a value not exceeding VND
50.000.000.
3. Coastguard squad leaders and captains of coastguard stations
shall have the power to:
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b) Order confiscation of
exhibits and means of administrative violations with a value not exceeding VND
100.000.000.
c) Apply remedial measures
prescribed in points a and e clause 1 Article 28 of Law No. 15/2012/QH13
amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14,
Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15 and Law No.
88/2025/QH15.
4. Commanders of Coastguard platoons shall have the power to:
a) Impose fines of up to
VND 75.000.000;
b) Order confiscation of
exhibits and means of administrative violations with a value not exceeding VND
150.000.000.
c) Apply remedial measures
prescribed in points a, d, e and i clause 1 Article 28 of Law No. 15/2012/QH13
amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14,
Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15
and Article 4 of this Decree.
5. Commanders in chief of Coastguard Squadrons, Commanders of
Reconnaissance Brigades, Commanders of Anti-drug Crime Control Task Forces
affiliated to Vietnam Coast Guard shall have the power to:
a) Impose fines of up to
VND 125.000.000;
b) Order confiscation of
exhibits and means of administrative violations;
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6. Commanders of the Regional Coast Guards, Directors of the
Legal and Operational Department under the Vietnam Coast Guard shall have the
power to:
a) Impose fines of up to
VND 200.000.000;
b) Order confiscation of
exhibits and means of administrative violations;
c) Apply remedial measures
prescribed in points a, d, e, g and i clause 1 Article 28 of Law No. 15/2012/QH13
amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14,
Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No.
88/2025/QH15 and Article 4 of this Decree.
7. Vietnam Coast Guard Commands shall have the power to:
a) Impose fines of up to
VND 250.000.000;
b) Order confiscation of
exhibits and means of administrative violations;
c) Apply remedial measures
prescribed in points a, d, e, g and i clause 1 Article 28 of Law No. 15/2012/QH13
amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14,
Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No.
88/2025/QH15 and Article 4 of this Decree.
Article
58. Power of customs authorities
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a) Impose fines of up to
VND 12.500.000;
b) Order confiscation of
exhibits and means of administrative violations with a value not exceeding VND
25.000.000.
2. Leaders of Customs Teams at border gates/checkpoints,
Leaders of Customs Teams outside border gates, Leaders of Customs Control
Teams, Leaders of Post-Clearance Audit and Inspection Teams, Leaders of Customs
Clearance Team under Regional Customs Sub-Departments; Leaders of
Anti-Smuggling Control Teams under Anti-Smuggling Investigation
Sub-Departments; Leaders of Regional Post-Clearance Inspection Teams under
Post-Clearance Inspection Sub-Departments shall have the power to:
a) Impose fines of up to
VND 75.000.000;
b) Order confiscation of
exhibits and means of administrative violations with a value not exceeding VND
150.000.000.
c) Apply remedial measures
prescribed in points a, d, e, g and i clause 1 Article 28 of Law No.
15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No.
67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15,
Law No. 88/2025/QH15 and Article 4 of this Decree.
3. Directors of Regional Customs Sub-Departments, Directors of
Anti-Smuggling Investigation Sub-Departments, and Directors of Post-Clearance
Inspection Sub-Departments shall have the power to:
a) Impose fines of up to
VND 125.000.000;
b) Order confiscation of
exhibits and means of administrative violations;
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4. The Director of the Customs Departments of Customs shall
have the power to:
a) Impose fines of up to
VND 250.000.000;
b) Order confiscation of
exhibits and means of administrative violations;
c) Apply remedial measures
prescribed in points a, d, e, g and i clause 1 Article 28 of Law No.
15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No.
67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15,
Law No. 88/2025/QH15 and Article 4 of this Decree.
Article
59. Power of market surveillance authorities
1. Market surveillance
officials on duty shall have power to:
a) Impose fines of up to
VND 25.000.000;
b) Order confiscation of
exhibits and means of administrative violations with a value not exceeding VND
50.000.000.
2. Leaders of Market Surveillance Teams under Market
Surveillance Sub-Departments affiliated to Departments of Industry and Trade
shall have the power to:
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b) Order confiscation of
exhibits and means of administrative violations with a value not exceeding VND
150.000.000.
c) Apply remedial measures
prescribed in points a, d, e, g and i clause 1 Article 28 of Law No.
15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No.
67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15,
Law No. 88/2025/QH15 and Article 4 of this Decree.
3. Directors of Market Surveillance Sub-Departments and Heads
of Market Surveillance Operations Divisions under Departments of Domestic
Market Management and Development shall have the power to:
a) Impose fines of up to
VND 125.000.000;
b) Order confiscation of
exhibits and means of administrative violations;
c) Apply remedial measures
prescribed in points a, d, e, g and i clause 1 Article 28 of Law No.
15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No.
67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15,
Law No. 88/2025/QH15 and Article 4 of this Decree.
4. Directors of Departments of Domestic Market Management and Development
shall have the power to:
a) Impose fines of up to
VND 250.000.000;
b) Order confiscation of
exhibits and means of administrative violations;
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Article
60. Implementation of administrative penalties and remedial measures
1. The enforcement of
administrative penalties and remedial measures prescribed in this Decree shall
be carried out in accordance with Law No. 15/2012/QH13 amended by Law No.
54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15,
Law No. 11/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15 and their
guiding documents.
2. Where the remedial
measure of compulsory surrender of a written approval, Certificate of Copyright
Registration, Certificate of Related Rights Registration, Copyright and Related
Rights Assessor Card, or Certificate of Copyright and Related Rights Assessment
Organization is applied, the following shall apply:
a) The violating
organization or individual shall submit, either directly or by post, the
written approval, Certificate of Copyright Registration, Certificate of Related
Rights Registration, Copyright and Related Rights Assessor Card, or Certificate
of Copyright and Related Rights Assessment Organization to the issuing
authority within the time limit specified in the decision to impose
administrative penalties and shall send the receipt or proof of submission to
the person competent to issue the decision to impose administrative penalties
or the decision to apply the remedial measure under this Clause;
b) The person competent to
issue the decision to impose administrative penalties or the decision to apply
the remedial measure under this Clause shall notify in writing the issuing
authority or person and propose handling in accordance with law;
c) Where such documents or
certificates are issued in electronic form or in the form of data messages, the
competent authority or person shall enforce the surrender thereof by electronic
means, provided that conditions on infrastructure, technology and information
are satisfied. The status of such surrender shall be updated in the
relevant database or e-ID card/account system in accordance with regulations.
3. Where the remedial
measure of compulsory apology is applied, the violating organization or individual
shall send a written apology to the aggrieved organization or individual and to
the person competent to issue the decision to impose administrative penalties
or the decision to apply such remedial measure.
4. Where the remedial
measure of compulsory disgorgement of ill-gotten gains from the commission of
violation (if any) to the copyright holder or related rights holder, or
compulsory payment of ill-gotten gains from the commission of violation, is
applied, the following shall apply:
a) The violating
organization or individual shall disgorge such ill-gotten gains to the
copyright holder or related rights holder or remit such ill-gotten gains to the
state budget, and shall provide the receipt or proof of payment to the person
competent to issue the decision to impose administrative penalties or the
decision to apply the remedial measure;
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c) Where ill-gotten gains
are monetary, they shall equal the total amount received from the violation,
calculated as revenue from transfer, sale, or provision of infringing goods or
services minus direct production costs, based on lawful and valid supporting
documents provided by the violating party;
d) The amount of
ill-gotten gains shall be determined by multiplying the quantity of goods or
volume of services transferred or consumed by the unit price, minus direct
production costs (where sufficient lawful documentation is provided);
dd) The bases for such
determination of the quantity of goods or volume of services transferred or
consumed shall include declarations by the violating party and verification by
the competent person; unit prices shall be based on supporting documents
provided by the violating organization or individual or, in their absence, on
market prices of similar goods or services at the time of detection of the
violation.
Where quantity, volume, or
unit price cannot be determined, ill-gotten gains shall be the total proceeds
obtained from the unlawful transfer, sale, dispersal, or destruction;
In cases where
organizations or individuals engaged in processing goods for foreign traders
(processors) commit violations relating to the origin of exports or imports and
are required to disgorge ill-gotten gains from the commission of such
violations, the ill-gotten gains from the processing activities shall be the
total amount of money obtained by such organizations or individuals from the
processing activities (processing fees, processing charges) minus (-) the
direct processing costs (provided that the violating organizations or
individuals have sufficient records and documents to prove the legality and
validity of such costs).
In cases where
organizations or individuals violate the law by transferring, consuming,
dispersing, or destroying processed goods contrary to legal regulations, the
ill-gotten gains to be disgorged and remitted to the state budget shall be the
total amount of money mentioned above plus (+) an amount equal to the value of
the exhibits or means of administrative violation obtained as a result of such
unlawful transfer, consumption, dispersal or destruction.
In cases involving the
transfer or consumption of prohibited goods, counterfeit goods, smuggled goods,
or the provision of conditional business services, the ill-gotten gains in
monetary terms shall be the entire amount of money obtained by the
organizations or individuals from such transfer, consumption of goods or
provision of services.
e) Ill-gotten gains in the
form of objects or other assets obtained by violating organizations or
individuals from administrative violations shall be deemed “other assets” in
accordance with the Civil Code. The “objects” referred to in this clause shall
be determined in accordance with Articles 110, 111, 112, 113, and 114 of the
Civil Code. “Other assets” referred to in this clause shall be determined in
accordance with Articles 105, 107, 109, and 115 of the Civil Code.
In cases where such
objects or other assets other than prohibited goods, counterfeit goods, or
smuggled goods have been transferred, consumed or destroyed, ill-gotten gains
shall be determined as the amount of money equivalent to the market value of
similar assets, or based on the book value of such assets (where no market
value is available), or based on the monetary value of the assets declared in
export or import customs declarations (in the case of exported or imported
goods) of the violating organizations or individuals, after deducting the
direct production costs of goods, as supported by records and documents
evidencing the legality and validity of such costs.
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5. Where the remedial
measure of compulsory removal or deletion of infringing originals or copies on
telecommunications networks or the Internet are applied, the violating
organizations or individuals must comply within no later than 24 hours from
receipt of the decision to enforce such remedial measure and must report the
results of compliance to the competent person issuing the decision to impose
administrative penalties or the decision to apply such remedial measure no
later than 24 hours after completion.
6. Credit institutions and
the State Treasury shall be responsible for collecting fines, transferring
collected fines, and refunding paid fines on the basis of the decision to
handle the case issued by the competent person in compliance with the law.
Article
61. Transfer of case files showing signs of a crime for criminal prosecution
1. In the course of
examining and handling violations under this Decree, where there are grounds to
believe that the violation shows signs of a crime, the person competent to
handle the case shall transfer the file relating to the act showing signs of a
crime to the competent criminal procedure authority in accordance with Clauses
1, 2, and 4 of Article 62 of Law No. 15/2012/QH13 amended by Law No.
54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15,
Law No. 11/2022/QH15, Law No. 56/2024/QH15, and Law No. 88/2025/QH15.
The transfer of exhibits
and means of administrative violations related to acts showing signs of a crime
shall comply with Government’s Decree No. 138/2021/ND-CP dated 31 December 2021.
2. The competent criminal
procedure authority shall be responsible for examining, concluding the case,
and notifying the handling results in accordance with Clause 3 of Article 62 of
Law No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law
No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No.
56/2024/QH15 and Law No. 88/2025/QH15.
Article
62. Refusal or suspension of handling requests for action against infringements
of copyright and related rights in administrative penalty proceedings
1. The authority handling
the request shall refuse to accept the request in the following cases:
a) The request for
handling an infringing act is filed while there is an ongoing dispute or
complaint concerning the right holder, the protected subject matter, the scope
of protection, or the term of protection of copyright or related rights;
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c) The statute of
limitations for administrative penalties has expired. Where conditions
for applying remedial measures are met, such measures shall be applied in
accordance with the law on handling administrative violations;
d) The verification
results of the handling authority show that no infringement exists as described
in the request;
dd) There is a conclusion,
decision or notice from a competent authority determining that there are
insufficient grounds to handle the alleged infringement;
e) The act requested to be
handled does not constitute an administrative violation under this Decree;
g) The request has already
been accepted for handling by another authority in cases where it is submitted
to multiple authorities with concurrent jurisdiction.
2. The person accepting
the request for handling an infringing act must suspend the handling of the
request in the following cases:
a) A dispute or complaint
arises concerning the right holder, the protected subject matter, the scope of
protection, or the term of protection of copyright or related rights after the
request has been accepted, and the handling must await the resolution by a
competent authority in accordance with Clause 5 of Article 80 of Decree No.
17/2023/ND-CP;
b) There is insufficient
basis to determine the existence of an infringing act after the request has
been accepted;
c) The requesting party
submits a written withdrawal of the request or a request to suspend handling of
the case, except as provided in Clause 3 of this Article.
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Chapter
IV
IMPLEMENTATION
PROVISIONS
Article
63. Effect
1. This Decree comes into
force from February 15, 2026.
2. The following
provisions are invalid from the day on which this Decree comes into force:
a) Decree No.
131/2013/ND-CP;
b) Decree No.
28/2017/ND-CP.
c) Article 3 of Decree No.
129/2021/ND-CP.
3. In case the legislative
documents referred to this Circular are amended or replaced, the newest
document shall be applied.
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1. For administrative violations
of copyright and related rights that occurred prior to the effective date of
this Decree but are detected or are being examined or handled after this Decree
has come into force, the Government’s Decree on administrative penalties for
copyright and related rights that was in effect at the time each violation was
committed shall apply for handling such violations.
2. For decisions to impose
administrative penalties that were issued or fully executed prior to the
effective date of this Decree, where the penalized individuals or organizations
continue to lodge complaints, the provisions on administrative penalties in
force at the time the decision to impose administrative penalties was issued
shall apply for resolving such complaints.
Article
65. Responsibility for implementation of this Decree
1. The Ministry of
Culture, Sports and Tourism shall take charge and cooperate with relevant
ministries and central authorities in guiding and organizing the implementation
of this Decree.
2. Ministers, Heads of ministerial
agencies, Heads of Governmental agencies, Chairpersons of the People's
Committees of provinces and central-affiliated cities, relevant organizations
and individuals are responsible for implementation of this Decree.
ON BEHALF OF GOVERNMENT OF VIETNAM
PP. PRIME MISNISTER
DEPUTY PRIME MINISTER
Mai Van Chinh